1. All identification of the premises, the services or goods available thereon, and the name or names of any and all persons have been removed; and
2. The sign would, but for the provision of the status of the sign as abandoned, conform to all of the requirements of this chapter; and
3. There is substantial probability that the sign will be utilized without substantial changes in or additions to the structure thereof by a business operating on the premises.
F. In the case of an illegal sign, the planning commission community development director may temporarily waive enforcement of the removal of the sign for a period not to exceed sixty days if it finds that the illegal condition or conditions which exist may be corrected or remedied within a reasonably short period of time without the necessity of removing the sign during that period.
G. The determination of the planning commission community development director may be appealed by the owner of the property or the occupant, as defined in subsection B of this section, to the planning commission city council within seven ten days after the director’s commission’s formal action. The appeal shall be in writing and delivered to the city clerk with an appeal fee in an amount established by resolution of the city council. The appeal shall set forth specified objections to the determination of the director commission. Written notice of the time and place of such hearing shall be given by the city clerk to the property owner and the occupant of the premises at least ten days prior to the date set for the hearing.
H. At the noticed time and place of hearing, the city councilplanning commission shall hear and consider all relevant evidence, including, but not limited to applicable staff reports, objections, or protests relative to the existence of the abandoned or illegal sign. Such hearings may be continued from time to time. At the conclusion of said hearing, the city councilplanning commission shall, based on such evidence as presented at said hearing, determine whether or not the sign is abandoned or illegal. If the city council finds that the sign is abandoned or illegal, it shall by resolution order the sign abated within fifteen days.
The city councilplanning commission may temporarily waive enforcement of the removal of the abandoned or illegal sign for a period not to exceed sixty days if it makes the findings set forth in subsection E of this section, in the case of an abandoned sign, or subsection F of this section, in the case of an illegal sign. The determination of the city councilplanning commission is final and conclusive, except if appealed to the city council. The city council appeal shall be processed pursuant to the procedures in subsection H.
I. A copy of the final resolution ordering abatement of the sign shall be served upon the owner of the property, occupant thereof, and sign owner, as defined in subsection B of this section.
J. It shall be the responsibility of the property owner, occupant of the property, and owner of the sign to remove any sign ordered abated pursuant to the order of abatement. Upon compliance with the abatement order, the proceedings hereunder shall be terminated. If such
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sign is not completely abated as directed in the order of abatement, then the enforcement officer shall cause the sign to be abated by the city or by private contract. Entry upon the premises is expressly authorized for such purposes.
K. Where the enforcement officer is required to cause the abatement of a sign pursuant to the provisions of this chapter, an accounting of the cost incurred, including all incidental expense of such abatement, shall be kept. Upon conclusion of such abatement, the enforcement officer shall submit an itemized statement of costs to the city clerk. The term “incidental expenses” includes, but is not limited to, the actual expenses and costs of the city in preparation of notices, specifications, and contracts, inspection of the work and costs of printing and mailings required under this chapter. Upon receipt of such statement, the city clerk shall set the same for hearing before the city council. The city clerk shall cause notice of time and place of such hearing to be given to the owner of the property to which the same relates, and to any other interested persons who request notice, by United States mail, postage prepaid, addressed to such person at their last known address, at least five days in advance of such hearing.
The owner of the property may waive the hearing on the assessment on the cost of the abatement and in that event no city council hearing is required. The city council shall confirm the cost of assessment by resolution at their next regular meeting.
L. At the time and place fixed for receiving and considering said report, the city council shall hear and pass upon the report, together with any specific objections or protests raised by any of the persons liable to be assessed for the cost of abating such nuisance. Thereupon, the city council may make such revisions, corrections, or modifications as it may deem just or necessary, after which the report as submitted or revised, corrected or modified shall be confirmed by resolution. Said hearing may be continued from time to time. The decision of the city council shall be final and conclusive.
M. The city clerk shall give notice of the city council’s decision to the affected parties in the manner set forth in subsection B of this section.
N. The cost of sign abatement on any lot or parcel of land, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates. After its recording, the same shall constitute a lien on said property in the amount of such assessment. After the confirmation of said report, a copy thereof shall be transmitted to the county tax collector, whereupon it shall be the duty of said collector to add the amount of such assessment or assessments to the next regular bill of taxes levied against the said respective lot or parcel of land for municipal purposes and thereafter said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected.
O. Nothing contained in this chapter shall be deemed to prevent the city council from ordering the city attorney to commence a civil action to abate a nuisance in addition to or as an alternative to the proceedings set forth in this chapter. (Ord. 1410 § 1, 1982; prior code § 27-
9.26)
SECTION 86. Chapter 12.108 (Architectural Review Permits) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
Chapter 12.108 ARCHITECTURAL REVIEW PERMITS
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12.108.010 Required.
An architectural review permit is a discretionary planning permit that enables the city to ensure that new structures and additions are consistent with the General Plan, applicable specific plan goals, policies, design guidelines, and development standards, and will not be detrimental to the public health, safety, or welfare.
Quality design of the built environment is in the interest of the community and is the primary purpose of the architectural review permit. The scope of City review is dependent on the scale of the project, and the intent of these regulations is to identify reasonable thresholds to have projects with the greatest potential to impact the greater community to be acted upon at planning commission hearings, and projects with lesser potential chance to impact the greater community to have administrative review.
An architectural review permit shall be required for the following:
A. New construction in the R-1 and R-2 districts as required by Chapter 12.200.070; B. New buildings, additions, or site, architectural or landscape alterations in the R-3, R-4, C-N, A-R, M-1, O, and U districts, in the Mixed Use Zones of CBD, TOD-S, TOD-1, TOD-2, MX-R and CC, and in the Bayhill Specific Plan area; C. New development plans, new buildings, additions or site, architectural or landscape alterations in a proposed or existing P-D district shall not require an architectural review permit, and shall undergo architectural review through a PD permit or modification to an existing PD permit as set forth in Section 12.96.190.L.
A. No building permits shall be issued for any construction that requires an architectural review permit new buildings or for major façade alterations to any existing buildings unless an architectural review permit has been issued by the decision-making authority architectural review committee or planning commission in accordance with the provisions of this section.
Major façade alterations include modifications to an existing building where an increase in square footage will occur (see subsections C and D for the designated review body), changes or alterations to the exterior of an existing building including, but not limited to, changes in the building’s overall architectural style, changes to character-defining architectural features, and changes to the roof involving structural modification. Minor façade alterations shall be exempt as described in subsection G below.
B. Architectural review permits shall be required for single-family homes as required Chapter 12.200.070.
C. Architectural review permits for projects of less than six dwelling units and ten thousand square feet or less of nonresidential development shall be considered and final action on the application taken by the architectural review committee, a committee designated by and of the planning commission.
D. Architectural review permits for projects of six or more dwelling units and over ten thousand square feet of nonresidential development shall be considered and final action on the application taken by the planning commission.
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E. The architectural review committee or planning commission may approve, deny, continue, or conditionally approve an application for an architectural review permit.
F. The architectural review committee or planning commission may impose such conditions as it deems necessary to secure the purposes of this article. The committee may impose such requirements and conditions with respect to location, size, and intensity of the proposed operation; accessibility of off-street parking areas and their relation to adjacent streets; landscape areas; and impact of the proposed development upon light and air, and upon other property in the neighborhood as it deems necessary for the protection of the public interest. The committee may require tangible guarantees or evidence that such conditions are being, or will be, complied with.
G. Exemptions. Minor façade alterations shall be exempt from architectural review permits and approved at the discretion of the community and economic development director. Minor façade alterations include changes or alterations to the exterior of an existing building where no increase in the square footage of the building will occur, including, but not limited to, changes in building materials, alterations, additions or elimination of existing doors, windows, awnings and other building elements, and changes to architectural features, such as the building cornice, roof or parapet provided that there is no structural modification. (Ord. 1898 § 3, 2021; Ord. 1784 § 2, 2010; Ord. 1410 § 1, 1982; prior code § 27-10.1)
12.108.015 Decision-making body.
A. Architectural review permits in the R-1 and R-2 districts shall be acted on by the community development director or planning commission as enumerated in Section 12.200.070.
B. Architectural review permits in all districts other than R-1 and R-2 shall be acted on as follows:
1. The community development director shall be the decision-making body for architectural review permits that include the following:
a. Accessory structures with limited direct visibility from the public right-of-way, or addition(s) less than 10% of the existing structure and is less than 10,000 sq. ft. cumulatively;
b. Site, architectural or landscaping alterations including, but not limited to changes in site paving, parking areas, parking lot striping, materials, alterations, additions or elimination of existing doors, windows, awnings and other building elements, and changes to architectural features, such as the building cornice, roof or parapet provided that there is no structural modification.
2. The planning commission shall be the decision-making body for architectural review permits that include any of the following:
a. New building(s), other than accessory structures with limited direct visibility from the public right-of-way;
b. Addition(s) exceeding 10% of the existing structure; or
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c. Addition(s) exceeding 10,000 sq. ft. cumulatively.
C. Architectural review permits acted on by the community development director shall be administrative actions without a hearing, and will include mailed notice pursuant to Section 12.132.030.B, except notices shall only be to adjacent property owners.
D. Architectural review permits acted on by the planning commission shall occur at a public hearing pursuant to Chapter 12.132.
E. The decision-making body may approve, deny, continue, or conditionally approve an application for an architectural review permit.
F. The decision-making body may impose such conditions as it deems necessary to secure the purposes of this article. The decision-making body may impose such requirements and conditions with respect to location, size, and intensity of the proposed operation; accessibility of off-street parking areas and their relation to adjacent streets; landscape areas; and impact of the proposed development upon light and air, and upon other property in the neighborhood as it deems necessary for the protection of the public interest. The decision-making body may require tangible guarantees or evidence that such conditions are being, or will be, complied with.
G. Appeals shall be processed pursuant to Chapter 12.78.
12.108.020 Application and plans.
An application for an architectural review permit shall include the following, unless a specific requirement is waived by the community development director:
A. A written statement by the owner(s) of the property approving submittal of the complete application; in instances where the applicant is not the same person as the owner, a statement signed by the owner: (1) describing the nature of the applicant’s interest, and (2) authorizing the applicant to act on behalf of and to bind the owners, shall also be required; B. An accurate legal description of the property and/or title report; C. A site plan to scale indicating the location and configuration of all buildings including setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse, waste and recycling areas, proposed grading and drainage, and other significant site features;
D. Civil plans and stormwater plans;
E. A statement describing the existing improvements on and use of the subject property and any proposed changes;
F. A landscape plan;
G. Dimensioned architectural elevations and perspectives;
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H. Fees or deposits as set by city council resolution in the master fee schedule; I. Other documents or information that may be required, including, but not limited to: title reports; surveys; existing and proposed landscaping and other ground treatment; required parking facilities; building and development data; sign information; photographs; photometric analysis; materials sample boards; scale models; photo simulations; or environmental information. (Ord. 1898 § 3, 2021; Ord. 1728 § 14, 2007; Ord. 1410 § 1, 1982; prior code § 27-
10.2)
12.108.030 Findings.
Upon receipt of comments from the departments, the architectural review committee or the planning commission The decision-making body shall consider the application and shall issue an architectural review permit provided the following findings are made, as appropriate:
A. The proposed buildings, site plan, and landscaping are in substantial conformance with the goals, policies, and objective development standards of the zoning code, General Plan, and applicable specific plans.
B. The site for the proposed development is adequate in size and shape to accommodate proposed building site plan and landscaping.
C. The design of the building site plan, landscaping, and streetscape, including street trees, lighting, and street furnishings, is consistent with the character of the surrounding area, and would not create an adverse visual impact on the surrounding area.
D. The development will not be detrimental to public health, safety, or welfare.
E. The proposed development contributes to the creation of an attractive and visually interesting built environment that includes a variety of building styles and designs with well- articulated structures within a unifying context that encourages increased pedestrian activity and promotes compatibility among neighboring land uses within the same or different districts.
F. Architectural review permits for new construction in the R-1 or R-2 districts that require planning commission action shall require an additional finding: The characteristics of the project justify the extent of the proposed variation from development regulations, and there are no reasonable solutions to reducing the extent of the variation without compromising the reasonable use of the property compared to similar properties in the district.
Appeals are subject to procedures set forth in Chapter 12.78.060. (Ord. 1898 § 3, 2021)
12.108.040 Conformance.
Any proposed buildings, site plan, and landscaping, as approved and authorized by the decision-making body, shall be developed in substantial conformance with the architectural review permit plans and associated planning application material submitted to and approved by the decision-making body. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-10.5)
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12.108.050 Modifications to approved architectural review permits.
An applicant may request a modification of a previously approved architectural review permit subject to the procedures set forth in Chapter 12.78.030. (Ord. 1898 § 3, 2021)
12.108.060 NoticingArchitectural review permit public notice requirements.
Public notice is required for architectural review permits pursuant to Section 12.132.030 except applications that are to be acted on by the community development director shall have mailed notice sent only to adjacent property owners, at least ten days prior to the action.
Public notice for hearings to consider architectural review permits shall be required as set forth in Chapter 12.132.030. (Ord. 1898 § 3, 2021)
12.108.070 ExpirationArchitectural review permit expiration.
An approved architectural review permit shall be subject to the procedures set forth in Chapter 12.78.040. (Ord. 1898 § 3, 2021)
12.108.080 ExtensionArchitectural review permit extension.
All architectural review permit extension requests shall be subject to the procedures set forth in Chapter 12.78.050. (Ord. 1898 § 3, 2021)
SECTION 87. Chapter 12.112 (Use Permits) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
Chapter 12.112 USE PERMITS
12.112.010 Issuance—Purpose.
A. Use permits may be issued as provided in this chapter for any of the uses or purposes for which such permits are required or permitted by the terms of this article upon conditions designated by the decision-making body planning commission.
B. The purpose of the use permit is to allow the proper integration into the community of uses which may be suitable only in specific locations in a zoning district, or only if such uses are designed or arranged on the site in a particular manner.
C. The community development director planning commission may approve, deny or conditionally approve an application for a use permit at a noticed public hearing, unless the conditional use specifically requires planning commission or city council action.
D. The decision-making body planning commission may impose such conditions as it deems necessary to secure the purposes of this article. The decision-making body commission may impose such requirements and conditions with respect to location, construction,
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maintenance, operation, site planning, traffic control and time limits for the use permit as it deems necessary for the protection of adjacent properties and the public interest. The commission may require tangible guarantees or evidence that such conditions are being, or will be, complied with. (Ord. 1410 § 1, 1982; prior code § 27-11.1)
12.112.020 Application and plans.
An application for a use permit shall be filed with the community development director and shall include the following information, unless a specific requirement is waived by the community development director:
A. The application form provided by the city.
B. An applicant support statement which includes a complete project summary including a description of all proposed activities and uses proposed for the site and a business plan if applicable.
C. A site plan to scale indicating the location and configuration of all buildings and proposed uses including setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse, waste and recycling areas, proposed grading and drainage, and other significant site features. The site plan shall include computations on the number and types of parking spaces, amounts of usable open space or interior yard area, lot area coverage, floor area ratio (FAR) calculations, net and gross lot area, and the square footage and location of all easements on the project site.
D. Building floor plan(s) of sufficient clarity and scale to indicate the nature and extent of the use and to illustrate in detail that it will conform to the provisions of all relevant laws, codes, ordinances, rules, and regulations.
E. Building elevations of sufficient clarity to indicate the nature of the exterior appearance of the proposal and its relationship to its surroundings.
F. Depending upon the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, photometric, and color schemes, color elevations, and color and materials boards analysis may be required by the community development director.
G. The community development director may waive any of the above requirements if the requirements are inapplicable or if other circumstances justify a waiver. The community development director may require other drawings, data, or information deemed necessary by the department to accomplish the purposes of state law or this title. (Ord. 1728 § 15, 2007: Ord. 1410 § 1, 1982; prior code § 27-11.2)
12.112.030 Hearing date—Notice.
Upon receipt of a complete application for a use permit, the community development director shall schedule a public hearing before the planning commission. Such hearing shall be held
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within one year after the filing of the application. Notice of such hearing shall be given as set forth in Chapter 12.132. (Ord. 1728 § 16, 2007: Ord. 1410 § 1, 1982; prior code § 27-11.3)
12.112.040 Architectural review permitReview by architectural review committee.
Use permit applications Applications which require an architectural review permit shall be reviewed concurrently by the decision-making body. by the architectural review committee prior to the required public hearing. (Ord. 1410 § 1, 1982; prior code § 27-11.4)
12.112.050 Granting.
A. In considering an application, the decision-making body planning commission shall consider and give due regard to the nature and condition of all adjacent uses and structures, the applicable zoning district regulations, any specific plans for the area in question, and the general plan.
B. The decision-making body planning commission (or city council on appeal) shall grant a use permit only if it makes a finding that the establishment, maintenance or operation of the use applied for:
1. Will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use;
2. Will not be injurious or detrimental to property and improvement in the neighborhood or to the general welfare of the city; and
3. Will not be inconsistent with the general plan.
C. No use permit shall be effective, nor shall any building permit for which a use permit is required, be issued until the time period for filing an appeal to the city council on the decision granting the use permit has ended as set forth in Chapter 12.78. If such an appeal is timely filed, the use permit shall not become effective, nor shall any such building permit be issued, until theall administrative appeals has have been city council has acted on or appeal periods have expired the appeal. (Ord. 1410 § 1, 1982; prior code § 27-11.5)
12.112.060 Conformance.
It shall be unlawful and a violation of the provisions of this article for any person to construct, erect, alter or modify any structure except in strict conformance with any use permit issued. (Ord. 1410 § 1, 1982; prior code § 27-11.6)
SECTION 88. Chapter 12.116 (Planned Unit Permit) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
Chapter 12.116 PLANNED UNIT PERMIT
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12.116.010 Purpose.
A. It is the purpose of planned unit permit (PUP) to encourage creative use of land and open space by permitting carefully controlled relief from the strict application of the provisions of existing zoning districts. The PUP allows flexibility and diversification in the relationship of various buildings, structures, and open spaces in planned building groups.
B. It is also the intent of this chapter to carry out the general purposes of this article by continuing to observe adequate standards related to public safety, health, and general welfare without unduly inhibiting the advantages of modern imaginative site planning and to implement the following objectives:
1. To provide a more desirable living environment;
2. To encourage creative approaches to the development of land;
3. To encourage the observation of and the aesthetic use of open space;
4. To encourage variety in the physical development of the city. (Ord. 1410 § 1, 1982; prior code § 27-12.1)
12.116.020 Applicability.
The planned unit permit may be used in any one of the residential or commercial districts, except the P-D district. (Ord. 1410 § 1, 1982; prior code § 27-12.2)
12.116.030 Permitted uses.
A planned unit permit may be issued to authorize a use which is permitted, conditional, or accessory in a particular district. Attached single-family dwellings may be permitted in the R-1 district under planned unit permit procedures. (Ord. 1410 § 1, 1982; prior code § 27-12.3)
12.116.040 Application, fee and plans.
An application for a planned unit permit shall be filed with the community development department on the form prescribed by the city and shall include the following information, unless a specific requirement is waived by the community development director:
A. A tentative subdivision map (when either parcelization of the property or a condominium project is proposed);
B. Documentation that the proposed project conforms with the applicable general plan density requirements;
C. Proposed landscaping and irrigation plans;
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D. Proposed engineering plans, including site grading, street improvements, drainage, and other public utilities, which plans, when approved shall not be construed to mean that the plans will constitute the final improvement plans;
E. A site plan to scale, including the location and configuration of all lots and buildings, setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse, waste, and recycling areas, proposed grading and drainage, the square footage and location of easements and other significant site features.
F. Proposed building plans, including floor plans and exterior elevations indicating the materials, treatment of surfaces, and depending upon the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, photometric analysis, color schemes, color elevations, and color and materials boards may be required by the community development director;
G. Proposed plans for recreational facilities;
H. Generalized parking plans;
I. Proposed plot plans, showing building locations on each lot, building setbacks, and lot dimensions;
J. Where applicable, as a result of findings on site conditions and detailed site planning, supplemental environmental information or revisions to the environmental impact report; K. Any other data necessary to show that any applicable requirements of this code are fulfilled; and
L. The community development director may waive any of the above requirements if the requirements are inapplicable or if other circumstances justify a waiver. The community development director may require other drawings, data, or information deemed necessary by the department to accomplish the purposes of state law or this title. (Ord. 1728 § 17, 2007: Ord. 1410 § 1, 1982; prior code § 27-12.4)
12.116.050 Standards and criteria.
In considering use of the planned unit permit, the applicant and the city shall be governed by the following standards:
A. Development with a planned unit permit in conformance with the procedures contained herein is exempt from the specified property development standards of the district in which subject property is located providing:
1. The plans and exhibits submitted and approved in conformance with these provisions clearly establish that the relationships of interior and exterior living, working or shopping areas and the associated environment are at least as desirable as would be achieved with the strict application of the requirements of that district;
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2. And that the planning commission finds the other standards and criteria as set forth in this chapter have been complied with. Exception to development standards and other provisions of the district in which the planned unit is located shall only be to the extent specified in the approved plans and exhibits.
B. A variety of dwelling and building types is to be encouraged.
C. For each square foot of land gained within a single-family residential district through the reduction of lot sizes below minimum district requirements, equal amounts of usable land shall be retained as open space and related uses in perpetuity. The planned unit permit may be used in single-family residential districts, however, to average lot sizes, to cluster lots and dwelling unit, and to provide better utilization of land through flexibility in development standards.
D. Nonresidential development is encouraged to make use of a variety of setback and yard areas by trading space through the development of open plazas, pedestrian malls, tot lots, and other open spaces and uses with adequate landscaping.
E. All open spaces shall be provided with all required on-site and off-site improvements in accordance with the current city policy, and provisions made for perpetual maintenance to the satisfaction of the planning commission.
F. The planning commission from time to time may by resolution amplify the provisions of this section in order to fully define certain limits of flexibility which it wishes to encourage, to further explain various possible uses of planned unit permit, and to set forth provisions for plan approval. (Ord. 1410 § 1, 1982; prior code § 27-12.5)
12.116.060 Granting.
Planned unit permits with a tentative parcel map may be granted by the community development director after a public hearing conducted in accordance with Chapter 12.132.
Planned unit permits with a tentative tract map may be granted by the planning commission after public hearings conducted in accordance with Chapter 12.132. Decision of the commission shall be appealable to the city council in accordance with Chapter 12.140. In order to grant a planned unit permit, the decision-making body planning commission and/or city council on appeal shall find the following:
A. The proponents of the planned unit development have demonstrated that they intend to obtain a building permit in six months of the approval of the project and that they intend to complete the construction within a reasonable time as determined by the commission.
A planned unit permit shall be effective the seventh day after planning commission approval unless the planning commission action is appealed to the city council, in which case the action shall not be effective until the city council has acted on the appeal.
AB. The proposed planned unit development conforms to the general plan in terms of general location, density and general standards of development and criteria contained in this chapter.
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BC. The design of proposed single-family and two-family dwellings conforms to the basic design principles of the residential design guidelines as adopted by resolution by the city council and as may be revised from time to time.
CD. The development of a harmonious, integrated project in accordance with a precise development plan justifies exceptions, if such are required, to the normal requirements of this article.
Appeals shall be as set forth in Chapter 12.78. No planned unit permit shall be effective, nor shall any building permit for which a planned unit permit is required, be issued until the time period for filing an appeal to the city council on the decision granting the planned unit permit has ended. If such an appeal is timely filed, the planned unit permit shall not become effective, nor shall any building permit be issued, until the city council has acted on the appeal. (Ord. 1784 § 2, 2010; Ord. 1410 § 1, 1982; prior code § 27-12.6)
12.116.070 Development subject to plan.
Any planned unit, as approved and authorized by the decision-making body, the planning commission (and city council on appeal), shall be developed in all respects in conformance with the development plans submitted to and approved by the decision-making body. commission (or city council on appeal). The community development planning director may, however, approve or conditionally approve minor adjustments to the original development plans, provided said adjustments do not conflict with the concept of intent of the development plans originally approved by the commission. Any planned unit, as approved and authorized by the planning commissiondecision-making body, shall be developed subject to all conditions imposed as part of said approval and shall be excepted from other provisions of the district in which the planned unit permit is used only to the extent specified within the approved plans and/or any related conditions adopted by the commission. (Ord. 1410 § 1, 1982; prior code § 27-12.7)
12.116.080 Conformance.
It shall be unlawful and a violation of the provisions of this article for any person to construct, erect, alter or modify any structure except in strict conformity with any planned unit permit issued. (Ord. 1410 § 1, 1982; prior code § 27-12.8)
SECTION 89. Chapter 12.120 (Minor Modification) of Article III (Zoning) of Title 12 (Land Use) is deleted in its entirety.
SECTION 90. Chapter 12.124 (Variances) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
Chapter 12.124 VARIANCES
12.124.010 Circumstances of granting—Finding.
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Applications for variances from the strict application of the terms of this article may be granted by the planning commission. No variance may be granted unless the commission makes the following findings:
A. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of this article will deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification;
B. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located;
C. For single-family or two-family dwellings, the planning commission shall also find that the project conforms to the basic design principles of the residential design guidelines as adopted by resolution by the city council and as may be revised from time to time. (Ord. 1784 § 2, 2010; Ord. 1410 § 1, 1982; prior code § 27-14.1)
12.124.020 Unauthorized uses.
A variance shall not be granted which authorizes a use or activity which is not otherwise expressly authorized in the zoning district in which the property is located. (Ord. 1410 § 1, 1982; prior code § 27-14.2)
12.124.030 Form of application—Contents.
An application for a variance shall be filed with the community development director and shall include the following information, unless a specific requirement is waived by the community development director:
A. The application form provided by the city;
B. An explanation of the circumstances applicable to the subject property that justify the making of the findings required to approve a variance and a description of how the findings can be made;
C. A site plan to scale indicating the effect of the variance on all buildings and uses, including setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse, waste and recycling areas, proposed grading and drainage, and other significant site features. The site plan shall include computations on the number and types of parking spaces, amounts of usable open space or interior yard area, lot area coverage, floor area ratio (FAR) calculations, net and gross lot area, and the square footage and location of all easements on the project site;
D. Landscape plans, building floor plans and building elevations and perspectives;
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E. Depending upon the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, photometric analysis, and color schemes, color elevations, and color and materials boards may be required by the community development director;
F. The community development director may waive any of the above requirements if the requirements are inapplicable or if other circumstances justify a waiver. The community development director may require other drawings, data, or information deemed necessary by the department to accomplish the purposes of state law or this title. (Ord. 1728 § 19, 2007: Ord. 1410 § 1, 1982; prior code § 27-14.3)
12.124.040 Hearing date—Notice.
Upon receipt of an application for a variance, the community development planning director shall schedule a public hearing before the planning commission on such application not later than one year after the filing of the application. Notice of such hearing shall be given as set forth in Chapter 12.132. (Ord. 1410 § 1, 1982; prior code § 27-14.4)
12.124.050 Architectural review permitReview by architectural review committee.
Applications which would require an architectural review permit shall be reviewed concurrently by the decision-making body. by the architectural review committee prior to the required public hearings. (Ord. 1410 § 1, 1982; prior code § 27-14.5)
12.124.060 Granting.
After the conclusion of the public hearing or continuations thereof, the planning commission may grant or deny a variance from the strict application of the regulations established by this chapter. The commission may impose any reasonable conditions deemed necessary to achieve the purpose of this article; provided, however, that the following conditions shall not be imposed:
A. The dedication of land for any purpose not reasonably related to the use of the property for which the variance is requested;
B. The posting of a bond to guarantee installation of public improvements not reasonably related to the use of property for which the variance is requested.
No variance shall be effective, nor shall any building permit for which a variance is required be issued, until the time period for filing an appeal to the city council on the decision granting the variance has ended. If such appeal is timely filed, the variance shall not become effective, nor shall any such building permit be issued, until the city council has acted on the appeal. (Ord. 1410 § 1, 1982; prior code § 27-14.6)
SECTION 91. Chapter 12.132 (Public Hearing) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
Chapter 12.132 PUBLIC HEARING
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12.132.010 Procedure for zoning hearings.
A. The community development director and planning commission shall develop and publish procedural rules for conduct of its hearings so that all interested parties shall have advance knowledge of procedures to be followed.
B. When a matter is contested and a request is made in writing prior to the date of the hearing, the decision-making body planning commission shall insure that a record of the hearing shall be made and duly preserved, a copy of which shall be available at cost. The city may require a deposit from the person making the request.
C. When a planning staff report exists, such report shall be made public prior to or at the beginning of the hearing and shall be a matter of public record.
D. When any hearing is held on an application for a change of zone, a staff report with recommendations and the basis for such recommendations shall be included in the record of the hearing.
E. Notice of final action on an application shall be provided within five working days to those persons who: appeared at the hearing or submitted written testimony and who requested notice by submitting a self-addressed stamped envelope.
1. Appeared at the hearing and provided a mailing or e-mail address;
2. Submitted written testimony and provided a mailing or e-mail address; or
3. Requested notice of action and provided a mailing or e-mail address. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-16.1)
12.132.020 Hearing notices—Amendments.
When a public hearing is held by the planning commission or the city council to consider the adoption of or an amendment to a zoning ordinance, which amendment rezones property or imposes any regulation listed in California Government Code Section 65860 not theretofore imposed or removes or modifies any such regulation, notice of the time and place of said hearing, including a general explanation of the area affected, shall be given at least ten calendar days before the hearing in the following manner:
A. The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city or, if there is none, it shall be posted in at least three public places in the city.
B. In prezoning, the notice shall be published at least once in a newspaper of general circulation, published and circulated in the area to be prezoned or, if there is none, it shall be posted in at least three public places in the area to be prezoned.
C. In addition to notice of publication or posting, the city shall refer to the latest assessor’s roll and give notice of the hearing by mail or delivery to all persons, including businesses,
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corporations or other public or private entities, owning real property within three hundred feet of the proposed zoning change.
D. The city shall give notice by first class mail to any person who has filed a written request therefor with the planning commission. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. A reasonable fee, as set by the city council, shall be imposed on persons requesting such notice.
E. In the event that the proposed zoning change has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, the planning commission shall also give mailed notice to the owner of the property as shown on the latest equalized assessment roll.
F. In the event that the number of owners to whom notice would be sent pursuant to subsections D and E, is greater than one thousand, the city may, as an alternative to the notice required in subsections A and C of this section, provide notice pursuant to this subsection. Such notice shall be given at least ten days prior to the hearing by either of the following procedures:
1. By placing a display advertisement of at last one-fourth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment; or
2. By placing an insert with any generalized mailing sent by the city to property owners in the area affected by the proposed ordinance or amendment, such as billings for city services.
Such advertisement or mailing insert shall specify the type and magnitude of the changes proposed, the place where copies of the proposed changes may be obtained, the time, date and place of the hearing, and the right to appear and be heard.
G. Failure to receive the notice required by this section shall not invalidate the ordinance or amendment.
H. This section shall not apply to a proposed zoning ordinance or to an amendment to an existing zoning ordinance which does not affect the permitted uses of real property within the city.
I. The city may give additional notice of the hearing in such other manner as it may deem necessary or desirable.
J. Any hearing may be continued from time to time. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-16.2)
12.132.030 Hearing notices—GeneralUse permits, architectural review permits, planned unit permits, variances, appeals.
A. Whenever an application for any approval, or an appeal from action taken on a matter requiring a public hearing is submitted to the body or person charged with conducting a public hearing thereon, notice of hearing shall be given by notice through the United States mail, with postage prepaid using addresses from the latest equalized assessment roll, or alternatively, from such other records of the assessor or tax collector as contain more recent addresses in the
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opinion of the secretary of such body or person, or by both publication at least once in a newspaper of general circulation, published and circulated in the city, and by posting said notice in at least three conspicuous places close to the property affected.
B. When mailed notice is used, notice shall be given as follows: to all owners of property within three hundred feet of exterior boundaries of the property for which an application is being heard. Said notices shall be mailed not less than ten or more than thirty days before the scheduled hearing.
1. Applications, as set forth in this article, that require a public hearing shall require a mailed notice be sent, pursuant to this section, to all owners of property within three hundred feet of the exterior boundaries of the property for which an application is being considered;
2. Applications, as set forth in this article, that do not require a public hearing, shall require a mailed notice be sent, pursuant to this section, to all owners of property adjacent to, which shall include across a street, the exterior boundaries of the property for which an application is being considered;
3. Said notices shall be mailed not less than ten or more than thirty days before the scheduled hearing or action date.
C. When posted notice is used, posting shall be on utility poles on both sides of the property frontage and across the street from the subject property.
D. Notices specified in subsections B and C of this section shall specify the type and magnitude of the application to be considered, the place where copies of the application may be reviewed, the time, date and place of hearing and the right to appear and be heard. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-16.3)
SECTION 92. Chapter 12.136 of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
Chapter 12.136 ZONING MAP AND TEXT AMENDMENTS
12.136.010 Initiation.
A. Except as otherwise provided in this chapter, any amendment to this article and/or the zoning map shall be adopted as other ordinances are adopted.
B. Any amendment to this article and/or the zoning map which changes any property from one district or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation shall be initiated and adopted as follows:
1. By the city council;
2. By the planning commission;
3. By application by one or more record owners of property which is a subject of the proposed amendment, or their authorized agent. An application for an amendment shall be on a
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form designed by the planning commission and shall be accompanied by a fee set by the city council;
4. By the community development planning director. (Ord. 1410 § 1, 1982; prior code § 27-17.1)
12.136.020 Public hearing requirement.
Upon initiation of an amendment the secretary of the planning commission shall set a date for a public hearing thereon, but not later than sixty days after such amendment is initiated. The planning commission shall give notice of the time and place of such hearing, and the purpose thereof, in the manner designated in Section 12.132.020. (Ord. 1410 § 1, 1982; prior code § 27-
17.2)
12.136.030 Planning commission action.
After the close of the public hearing or continuations thereof, the planning commission shall make a report of its findings and its recommendations with respect to the proposed amendment.
The commission report shall include a list of persons who testified at the hearing, a summary of facts adduced at the hearing, the findings of the commission, and copies of any maps or other data or documentary evidence submitted in connection with the proposed amendment. A copy of such report and recommendation shall be transmitted to the city council within ninety days after the first notice of hearing thereon; provided, however, if the procedure was initiated by an application, such time may be extended with the consent of the applicant. In the event the planning commission fails to report to the city council within the aforesaid ninety days or within the agreed extension of time, the amendment shall be deemed approved by the planning commission. The recommendations of the planning commission or proposed amendments shall be adopted by a majority vote of the voting members thereof. No recommendation for amendment shall be made unless the commission finds that said amendment is in general conformance with the general plan and that the public necessity, convenience and general welfare require adoption of the proposed amendment. (Ord. 1410 § 1, 1982; prior code § 27-
17.3)
12.136.040 City council action.
Upon receipt of the recommendation of the planning commission or upon expiration of the aforesaid ninety days or agreed-upon extended period, the city council shall hold a public hearing thereon, giving notice thereof as provided in Chapter 12.132. If the matter under consideration is an amendment that would change property from one district to another, and the planning commission has recommended against the adoption of such amendment, the city council shall not be required to take further action unless the action of the planning commission is appealed. After the conclusion of such hearing, the city council may, within one year, adopt by ordinance the proposed amendment or any part thereof set forth in the petition or resolution of intention in such form as the council deems desirable. (Ord. 1410 § 1, 1982; prior code § 27-
17.4)
12.136.050 Prezoning unincorporated territory.
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The city may prezone unincorporated territory adjoining the city for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such prezoning shall be as provided in this chapter for zoning within the city. Such prezoning shall become effective at the same time that the annexation becomes effective. (Ord. 1410 § 1, 1982; prior code § 27-17.5) SECTION 93. Section 12.144.020 (Enforcement) of Chapter 12.144 (Enforcement – Violations, Penalties) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.144.020 Enforcement.
It shall be the duty of the community development planning director to enforce the provisions of this article pertaining to the erection, construction, reconstruction, moving, conversion or alteration of buildings and structures. (Ord. 1410 § 1, 1982; prior code § 27-19.2) SECTION 94. Chapter 12.200 of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
Chapter 12.200 DEVELOPMENT REGULATIONS FOR THE R-1 AND R-2 ZONING
DISTRICTS ZONING REGULATIONS FOR CONSTRUCTION, EXPANSION, ALTERATION OR
ENLARGING OF SINGLE-FAMILY AND TWO-FAMILY RESIDENCES
12.200.010 Purpose.
The city of San Bruno is a well-established residential community of predominantly single family homes. Significantly oversized residential structures are incompatible with the character of this residential community, and are not in harmony with the principles of high quality neighborhoods. This chapter is intended to accomplish the following:
A. Enhance the identity of residential neighborhoods.
B. Assure provision of light and air to individual residential parcels.
C. Assure a reasonable level of compatibility in scale of structures within residential neighborhoods.
D. Establish and preserve spatial relationship(s) between structures, between structures and adjacent streets, and within neighborhoods.
E. Address residential parking for non-conforming structures seeking extensive expansion or remodeling.
F. Prohibit the loss of interior housing space through the creation of excessive residential storage or parking garages.
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G. Control development of hillside lots Jots and lands, preserve buildings suited for natural hillside surroundings, and recognize differences between hillside developments and flat land developments.
H. Preserve the city’s dwindling stock of affordable housing. (Ord. 1877A § 3, 2020; Ord. 1520 § 2, 1990)
12.200.020 Definitions.
For the purposes of this chapter, the following definitions shall apply:
“Deck” is defined as a roofed or unroofed porch, platform or balcony, open on one or more sides, access to which is gained by a door, stairway or other passage. “Floor area ratio” or FAR is defined as the gross floor area of a building, including the garage area, divided by the total lot area of the parcel on which the building is situated. “Garage” is as defined in Sections 12.80.230 and 12.80.240 of the San Bruno Zoning Ordinance, except that interior areas, detached buildings or accessory buildings designed, designated or used for the storage or parking of motor vehicles shall constitute garage area for the purposes of this chapter.
“Gross floor area” is defined as the total floor space of all floors of a building or buildings measured to the outside surfaces of the building(s), including, but not limited to, exterior walls, or other external elements of the building envelope system, the attached or detached garage or other designated vehicle storage area, and other accessory buildings on the lot that are greater than one hundred twenty square feet, but excluding non-habitable space as defined herein. “Habitable floor area” is defined as any enclosed floor area in the house, garage, or accessory building having any potential living space with minimum dimensions of eight feet by ten feet and with at least seven and one-half feet of head room. “Non-habitable floor area” is defined as enclosed floor area that is not defined as “habitable.” “Resultant lot area” is defined as the total lot area of the parcel upon which a building is situated or proposed, reduced by the development limitations of Section 12.200.050, below. “Story” is defined as that portion of any building included between the surface of any floor and the surface of the next floor above it. If there is no floor above it, the space between such floor and the ceiling shall constitute a story.
“Story, first” is defined as the lowest story in a residence, wherein at least fifty percent of any one wall of that story is four feet above grade. (Ord. 1877A § 3, 2020; Ord. 1520 § 2, 1990)
12.200.030 Conditional use permit required.
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In addition to those conditional uses listed in Section 12.96.060 and Section 12.96.070 for R- 1, R-1-D and R-2 residential zoning districts, a conditional use permit shall be required in the following instances:
A New Construction. For those single family and two family residential buildings which propose:
1. A floor area that exceeds the permitted floor area standards of Section 12.200.050; or
2. Lot coverage that exceeds the restrictions of Section 12.200.050; or
3. A third story, where any part of the three stories lie within the same vertical plane; or
4. Construction exceeding the development standards contained within Section 12.200.040 or the parking standards of Section 12.200.080.
B. Existing Single-Family or Two-Family Residential Structures. Expansion, remodeling, alteration, enlarging or a detached addition to an existing single-family or two-family residential structure which propose:
1. An increase in the gross floor area by more than fifty percent; or
2. A floor area that exceeds the permitted floor area standards of Section 12.200.050; or
3. Lot coverage that exceeds the restrictions of Section 12.200.050; or
4. A third story, where any part of the three stories lie within the same vertical plane; or
5. Which expansion, alteration or addition, when combined with the existing structure would exceed the development standards contained within Section 12.200.040 or the parking standards of Section 12.200.080. (Ord. 1877A § 3, 2020; Ord. 1520 § 2, 1990)
12.200.040 Development regulationsstandards.
Development regulations in the R-1 and R-2 districts are as follows. For the purposes of this section, buildings which are moved or manufactured off-site and placed on a property shall be subject to the same requirements as new construction on infill lots.
A. Minimum site area. Five thousand square feet for interior lots, six thousand square feet for corner lots.
B. Minimum lot area per dwelling unit. Two thousand nine hundred square feet in the R-2 district.
C. Minimum lot width. Fifty feet, except sixty feet for corner lots.
D. Minimum setbacks.
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1. Front: fifteen feet, except the minimum setback from sidewalk to a garage shall be twenty feet. Where sixty percent or more of the lots in a block have been improved with buildings, the minimum required front yard shall be the average of the front yard of the improved lots if said average is less than the requirements of this article.
2. Interior side: five feet. On any legal substandard lot that qualifies as a building site pursuant to the provisions of this article, the width of an interior side setback may be reduced to ten percent of the width of the parcel, but in no case to less than three feet.
3. Street side (corner lot): ten feet. On any legal substandard lot that qualifies as a building site pursuant to the provisions of this article, the width of the street side setback may be reduced to five feet plus ten percent of the width of the parcel, but in no case to less than eight feet.
4. Rear: ten feet.
5. For corner or through lots, and subject to an architectural review permit, the front lot line, as defined by Section 12.80.305, may be reassigned to a street lot line, thereby modifying the location where front, side, and rear setbacks are applicable.
6. Exceptions to setback requirements. As set forth in Section 12.84.170.
E. Maximum coverage by structures. Varies, lot coverage of structures in the R-1 residential districts shall not exceed eighty percent of the total floor area allowed by this section, and structures in the R-2 residential district shall not exceed one hundred percent of the total floor area allowed by this section.
F. Maximum coverage by impervious surface – total lot area. Eighty percent in the R-1 districts, and eighty-five percent in the R-2 district; when a new dwelling is constructed, or an addition increases the gross floor area, the impervious surface in the front setback area shall be limited to sixty percent.
G. Maximum floor area. The permitted floor area (FA) of buildings shall be determined by multiplying the adjusted lot size (from Chart 1, below) by the floor area ratio corresponding to the slope of the lot (from Chart 2, below).
H. Average percent slope of site. The average percent slope of a site is computed by the following formula:
AS = (100 x I x L) / A
where:
AS = Average Percent Slope of a Site
I = contour interval in feet, not to exceed ten (10) feet
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L = summation of length of contour lines in feet; and
A = area in square feet of parcel being considered.
I. Floor area ratio adjustment factor for lot size. The floor area ratio shall be adjusted inversely proportional to the lot size as shown in Chart 1, below. The floor area shall be further adjusted by the average slope as shown in Chart 2, below.
Chart 1: Adjusted Lot Size
Lot Size (sq. ft.) Adjustment Factor
2,500 1.20
3,000 1.16
3,500 1.12
4,000 1.08
4,500 1.04
5,000 1.00
5,500 0.97
6,000 0.94
6,500 0.91
7,000 0.88
7,500 0.85
8,000 0.82
8,500 0.79
9,000 0.77
9,500 0.75
10,000 0.73
10,500 0.71
11,000 0.68
11,500 0.66
12,000 0.64
12,500 0.62
13,000 0.61
13,500 0.60
14,000 0.59
14,500 0.58
15,000 0.57
15,500 0.56
16,000 0.55
16,500 0.54
17,000 0.53
17,500 0.52
18,000 0.51
18,500 0.50
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Lot Size (sq. ft.) Adjustment Factor
19,000 0.49
19,500 0.48
20,000 0.47
>20,000 0.47
Chart 2: Permitted Floor Area
Average Slope (percent) Floor Area Ratio (FAR)
<10 0.550
10 0.550
11 0.545
12 0.541
13 0.537
14 0.533
15 0.529
16 0.524
17 0.519
18 0.514
19 0.509
20 0.505
21 0.500
22 0.495
23 0.490
24 0.485
25 0.480
26 0.475
27 0.470
28 0.465
29 0.460
30 0.456
31 0.451
32 0.446
33 0.441
34 0.436
35 0.432
36 0.427
37 0.422
38 0.417
39 0.412
40 0.407
41 0.402
42 0.397
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Average Slope (percent) Floor Area Ratio (FAR)
43 0.392
44 0.387
45 0.383
>45 0.383
The above displays graphically the application of Chart 1 and Chart 2. The horizontal axis is the total lot size. The vertical axis is the floor area of the building. The curve shows the maximum floor area allowed, each curve representing a different average slope. The above is provided for illustrative purposes only, and Chart 1 and Chart 2 are to be applied.
J. Building heights. The maximum height of structures, which for the purposes of this chapter only shall mean the vertical distance from the elevation of the sidewalk in front of the house at the midpoint of the horizontal width of the house to the highest or topmost point of the roof, shall not exceed the following limits:
1. A height of twenty-eight feet for lots with an average slope of less than twenty percent from front property line to rear property line, as well as for lots which slope from side yard to side yard regardless of the average slope; or
2. A height of twenty-six feet for downsloping lots (from front to rear) with an average slope of twenty percent or more; or
3. A height of thirty feet for upsloping lots (from front to rear) with an average slope of twenty percent or more.
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K. Second story front decks. Second story front decks may be no larger than seventy-two square feet and shall have a front depth less than six feet. Second story front decks shall be set back at least eighteen inches from the face of the first floor of the house, or provide a solid vertical surface around the bottom eighteen inches of the deck.
L. Second story privacy. Transparent second story windows, any other transparent opening, or any deck facing any interior side yard adjacent to an abutting property which abutting property has a side yard greater than ten feet, shall not be allowed.
M. Third stories. Third stories, where any part of the three stories lie within the same vertical plane are not allowed. This provision applies whether the third story is created for a new home or for an addition to an existing home.
N. General provisions, conditions and exceptions. As set forth in Chapter 12.84.
O. All exterior changes to a single-family or two-family residence requiring a building permit shall be consistent with the basic design principles of the residential design guidelines, as adopted by the city council and amended from time to time.
P. Parking. As set forth in Chapter 12.100.
Q. Architectural review permit. As set forth in Section 12.200.070.
A Building heights, which for the purposes of this chapter only shall mean the vertical distance from the elevation of the sidewalk in front of the house at the midpoint of the horizontal width of the house to the highest or topmost point of the roof shall not exceed the following limits without securing a conditional use permit:
1. A height of twenty-eight feet for lots with an average slope of less than twenty percent slope from front property line to rear property line, as well as for lots which slope from side yard to side yard regardless of the average slope; or
2. A height of twenty-six feet for downsloping lots (from front to rear) with an average slope of twenty percent or more; or
3. A height of thirty feet for upsloping lots (from front to rear) with an average slope of twenty percent or more.
B. A conditional use permit shall be required for new construction on individual infill lots, [i.e., on lot(s) which have houses existing on both sides of the subject lot and which are not part of a comprehensive subdivision under general construction], or for expansion, alteration or additions to existing structures, which construction would result in the following:
1. A second story having any transparent window, any other transparent opening, or any deck facing any interior side yard adjacent to an abutting property which abutting property has a side yard greater than ten feet.
2. A second story front deck:
a. Larger than seventy-two square feet; or
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b. Having a front depth greater than six feet; or
c. Which is not set back at least eighteen inches from the face of the first floor of the house, or which does not provide a solid vertical surface around the bottom eighteen inches of the deck.
C. For the purposes of this section, buildings which are moved or manufactured off-site and placed on a property shall be subject to the same requirements as new construction on infill lots. (Ord. 1877A § 3, 2020; Ord. 1784 § 2, 2010; Ord. 1520 § 2, 1990)
12.200.050 Development limitations.
A conditional use permit shall be required whenever any of the following development limitations are exceeded.
A. Lot Coverage. The maximum lot coverage for all structures in the R-1 and R-1-D residential districts shall not exceed eighty percent of the total floor area allowed by this section.
The maximum lot coverage in R-2 residential districts shall not exceed the total floor area allowed by this section.
B. Floor Area. The permitted floor area (FA) of buildings shall be determined by multiplying the adjusted lot size (from Chart 1) by the floor area ratio corresponding to the slope of the lot from Chart 2, below.
1. Average Percent Slope of Site. The average percent slope of site is computed by the following formula:
AS (Average Percent Slope of Site)
where:
I = contour interval in feet, not to exceed ten (10) feet L = summation of length of contour lines in feet; and
A = area in square feet of parcel being considered.
AS = average percent slope of site.
2. Floor Area Ratio Adjustment Factor for Lot Size. The floor area ratio shall be adjusted inversely proportional lo the lot size as shown on Chart 1, following:
Chart 1
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ADJUSTED LOT SIZE
Lot Size (sq. ft.) Adjustment Factor
2,500 1.20
3,000 1.16
3,500 1.12
4,000 1.08
4,500 1.04
5,000 1.00
5,500 0.97
6,000 0.94
6,500 0.91
7,000 0.88
7,500 0.85
8,000 0.82
8,500 0.79
9,000 0.77
9,500 0.75
10,000 0.73
10,500 0.71
11,000 0.68
11,500 0.66
12,000 0.64
12,500 0.62
13,000 0.61
13,500 0.60
14,000 0.59
14,500 0.58
15,000 0.57
15,500 0.56
16,000 0.55
16,500 0.54
17,000 0.53
17,500 0.52
18,000 0.51
18,500 0.50
19,000 0.49
19,500 0.48
20,000 0.47
>20,000 0.47
Chart 2
PERMITTED FLOOR AREA
Average Slope (percent) Floor Area Ratio (FAR)
<10 0.550
10 0.550
11 0.545
12 0.541
13 0.537
14 0.533
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Average Slope (percent) Floor Area Ratio (FAR)
15 0.529
16 0.524
17 0.519
18 0.514
19 0.509
20 0.505
21 0.500
22 0.495
23 0.490
24 0.485
25 0.480
26 0.475
27 0.470
28 0.465
29 0.460
30 0.456
31 0.451
32 0.446
33 0.441
34 0.436
35 0.432
36 0.427
37 0.422
38 0.417
39 0.412
40 0.407
41 0.402
42 0.397
43 0.392
44 0.387
45 0.383
>45 0.383
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The above displays graphically the application of Chart 1 and Chart 2. The horizontal axis is the total lot size. The vertical axis is the floor area of the building. The curve shows the maximum floor area allowed without securing a conditional use permit, each curve representing a different average percent slope. The above is provided for illustrative purposes only, and Chart 1 and Chart 2 are to be applied. (Ord. 1877A § 3, 2020; Ord. 1520 § 2, 1990)
12.200.060 Review requirements.
In considering applications for conditional use permits pursuant to this chapter:
A. Such applications shall first be sent to the architectural review committee; B. Consideration should be given to the average height of adjacent houses for construction, expansion or alterations which increase the height above one story; C. Incremental alterations, additions or expansions of single-family residential structures after September 26, 1988 and of two-family residential structures after September 26, 1990 shall be aggregated and calculated as a single addition or expansion. (Ord. 1877A § 3, 2020; Ord. 1520 § 2, 1990)
12.200.070 Architectural review permits required.
Approval of an architectural review permit by the community development director is required for the following project types in the R-1 or R-2 districts, as set forth in Chapter 12.108:
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A. New structures or additions to existing structures that encroach into a side or rear setback by up to 2 feet beyond what is permitted by Section 12.200.040.D, except that in no case shall less than a 3-foot setback be allowed. Encroachments into side or rear setbacks greater than 2 feet beyond what is permitted by Section 12.200.040.D shall require approval of the planning commission.
B. New structures or additions to existing structures that cause the lot coverage to exceed the percentage defined in Section 12.200.040.E., but not to exceed one-hundred and ten percent of the total floor area allowed by this section. Projects that result in lot coverage greater than one-hundred and ten percent of the total floor area allowed by this section shall require approval of the planning commission.
C. The addition of impervious surface that exceeds the percentage defined in Section
12.200.040.F. Exceeding allowed impervious surface by 10 percent or greater shall require approval of the planning commission.
D. New structures or additions to existing structures that cause the floor area ratio to exceed the equivalent of 0.62 as defined in Section 12.200.040.G, H, and I. Projects that result in equivalent floor area ratio above 0.62 shall require approval of the planning commission.
E. New structures or additions to existing structures with building heights that exceed the allowed heights in Section 12.200.040.J by up to 3 feet. Projects that exceed allowed heights by more than 3 feet shall require planning commission approval.
F. New or modified second story front decks that exceed the allowances defined in Section
12.200.040.K.
G. New or modified second story windows, openings or decks that do not comply with Section 12.200.040.L.
H. New or modified third stories, where any part of the three stories lie within the same vertical plane as defined in Section 12.200.040.M. This provision applies whether the third story is created for a new home or for an addition to an existing home.
All structures requiring a use permit by the provisions of this chapter shall first be reviewed by the architectural review committee of the planning commission. In addition, any structure which is increased by more than one thousand square feet, or which will be greater than three thousand square feet as a result of new construction or addition, shall be required to obtain an architectural review permit prior to receiving a building permit. (Ord. 1877A § 3, 2020; Ord. 1520 § 2, 1990)
SECTION 95. Chapter 12.210 (Request by Mayor or Councilmembers for Final Review of Decisions by City Council) of Article III (Zoning) of Title 12 (Land Use) is deleted in its entirety.
SECTION 96. Section 12.220.040 of Chapter 12.220 (Wireless Communication Facilities) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
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12.220.040 Architectural review Use permit required.
A. No telecommunication facility shall be placed within the city of San Bruno without first obtaining an architectural review a use permit except as otherwise allowed by the provisions in this chapter.
B. A complete application for an architectural review a use permit is required and includes a cumulative impact analysis as set forth in this chapter.
C. The procedures for review and approval of architectural review use permit applications shall be as set forth in San Bruno Municipal Code Chapter 12.108 (Architectural Review Permits), 12.112 (Use Permits) and as contained in this chapter.
D. Notwithstanding the provisions of this section, an architectural review a use permit shall not be required for the placement or installation of a collocation facility if all of the criteria below are met:
1. The applicant must have a business license allowing applicant to conduct business in the city, where requiring such business license is allowed by law.
2. A building permit is issued for the collocation facility. Prior to issuance of a building permit for co-locations, the applicant shall demonstrate compliance with this subsection by (a) submitting an application, including a written statement that the criteria set forth herein is met and that the proposed collocation facility is consistent with the cumulative impact analysis conducted for the existing wireless telecommunications facility or wireless telecommunications collocation facility, (b) responding to all information requests, and (c) paying associated application fees.
3. The collocation facility is consistent with all the requirements applicable to the existing wireless telecommunications facility or wireless telecommunications collocation facility, including, without limitation, zoning permit conditions, use permit conditions, architectural review permit conditions, and applicable requirements of the current San Bruno Municipal Code, and applicant agrees in writing to operate and maintain facility in compliance with these requirements and conditions.
4. The existing wireless telecommunications facility or wireless telecommunications collocation facility was subject to a zoning permit use permit that allowed future or additional co- locations.
5. The existing wireless telecommunications facility or wireless telecommunications collocation facility was subject to review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), which addressed the environmental impacts of future or additional co-locations, either through certification of an environmental impact report, adoption of a negative declaration or mitigated negative declaration or identification of a categorical exemption, and the collocation facility incorporates any required mitigation measures.
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E. The architectural review use permit exception provided in subsection B of this section shall not apply to telecommunications facilities other than collocation facilities. (Ord. 1778 § 2, 2009; Ord. 1711 § 1, 2006)
SECTION 97. Paragraph C of Section 12.220.060 (General Requirements) of Chapter 12.220 (Wireless Communication Facilities) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
C. Setbacks for telecommunications facilities not located on buildings or pre-existing structures, shall be a distance equal to the setback requirements in the applicable zoning district, measured from the base of the pole, except that the decision-making body planning commission or community development director (depending on the approval authority) may modify the placement of a telecommunications facility when placement in a particular location will reduce visual or noise impacts.
SECTION 98. Section 12.220.070 (Application Requirements) of Chapter 12.220 (Wireless Communication Facilities) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.220.070 Application requirements.
An applicant for an architectural review a use permit for a telecommunications facility within the city of San Bruno shall provide the following information and documentation, which requirements the director of community development or other reviewing authority may waive or may require additional information based on project specific factors:
A. The applicant shall provide identification and location information for applicant, company, project manager, long-term responsible party for city and neighborhood issues, and agent for service of process.
B. A cumulative impact analysis which describes and evaluates the combined impacts of the project on the immediate site and on adjacent properties, and includes, but is not limited to, the following:
1. Site location plan for the proposed telecommunication as follows:
a. A general description of the project,
b. Site coverage map detailing ranges of existing and planned facilities, service area covered, gap coverage, and how facilities will cover the gap, c. The need for the tower in that particular location, and d. Alternative site selection and co-location opportunities with a statement of efforts to utilize such opportunities;
2. A design plan of the proposed telecommunications facility as follows:
a. Description of the telecommunications facilities proposed in relation to the site,
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b. Size and dimensions of the property and the proposed facilities, c. Description of stealth design being utilized,
d. Photo simulations or other visual representations, and e. Information on whether other technologies exist that would minimize adverse visual or other impacts, and if such technologies are available, why the applicant is not using those technologies;
3. Evidence of compliance with standards as follows:
a. Radio Frequency (RF). A qualified electrical engineer licensed by the state of California shall prepare an evaluation of RF electromagnetic field exposures identifying the federal standards and demonstrating that RF levels generated by facility meet federal standards, including cumulative impact from nearby facilities,
b. Noninterference. A written statement from a qualified engineer licensed by the state of California that the telecommunications facility will not interfere with public safety communications and the usual and customary transmission or reception of other communication services enjoyed by adjacent residential and nonresidential properties, c. Safety. A written statement acceptable to the city’s fire marshal and the building official that the facilities do not pose a risk of explosion, fire or other danger to life or property due to proximity to other materials and facility is designed and certified by a state of California qualified engineer that the telecommunications facility is structurally sound, and d. Noise and Acoustical Information. A written statement from the applicant explaining how the telecommunications facility is using a whisper design to minimize noise disruption.
C. Business License Required. The applicant must submit evidence that it has received a business license to allow it to conduct business in the city, where requiring such business license is allowed by law. (Ord. 1778 § 2, 2009; Ord. 1711 § 1, 2006) SECTION 99. Section 12.220.080 (Findings for Approval) of Chapter 12.220 (Wireless Communication Facilities) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.220.080 Findings for approval.
A. The community development director planning commission will approve an architectural review a use permit application if the applicant demonstrates that it has fully complied with the requirements of this chapter, and the community development director planning commission can make the findings set forth in San Bruno Municipal Code Section 12.108.040 (Architectural Review Permits—Issuance conditions) and Section 12.112.050 (Use permits—Granting), as applicable.
B. As federal law prohibits the city from denying an application because of concerns regarding the safety of RF emissions where the applicant demonstrates compliance with federal
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law standards, the community development director planning commission may not base a use permit denial on these grounds.
C. If the community development director planning commission approves an application, the director’s commission’s approval must contain conditions addressing the operation, review on periodic basis, maintenance, repair, relocation, and removal of the telecommunications facility. The director planning commission may impose additional conditions consistent with state and federal law, and consistent with this chapter. The planning commission director may not include any condition that would unreasonably discriminate among providers of functionally equivalent providers with respect to facilities that are similarly situated in terms of structure, placement, or cumulative impact.
D. Any decision by the planning commission or the community development director must be supported by substantial evidence contained in a written record. A decision to deny an application must be in writing, and must provide a sufficient explanation of the reason for denial. (Ord. 1778 § 2, 2009; Ord. 1711 § 1, 2006)
SECTION 100. Section 12.220.090 of Chapter 12.220 (Wireless Communication Facilities) of Article III (Zoning) of Title 12 (Land Use) is deleted in its entirety.
SECTION 101. Paragraph W of Section 12.230.020 (Definitions) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
W. “Planning permit” means any discretionary approval of a residential or nonresidential development project, including, but not limited to, a general or specific plan adoption or amendment, rezoning, tentative map, conditional use permit, variances, or architectural review permit design review.
SECTION 102. Paragraph A of Section 12.230.030 (Affordable Housing Requirements) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
A. Residential Development Projects. All new residential development projects of five or more units shall include at least fifteen percent of the total units as affordable housing units restricted for occupancy by very low-, low-, and moderate-income households, as specified in this section, unless an alternative is proposed by the developer and approved by the decision- making body for the planning permit city council, as provided in Section 12.230.060(B). No application for a rezoning, tentative map, conditional use permit, design review, or building permit shall be approved, nor shall any such project be constructed or approved without compliance with this chapter.
1. For-Sale Units. At least fifteen percent of the total for-sale units in a residential development project shall be affordable housing units, of which five percent shall be affordable and restricted to occupancy by low-income households and ten percent shall be affordable and restricted to occupancy by moderate-income households.
2. Rental Units. At least fifteen percent of the total rental units in a residential development project shall be affordable housing, of which five percent shall be affordable and restricted to occupancy by very low-income households, five percent shall be affordable and restricted to
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occupancy by low-income households, and five percent shall be affordable to and restricted to occupancy by moderate-income households.
3. All residential development projects shall also include all replacement affordable units required by State Density Bonus Law (Government Code Section 65915), the Housing Crisis Act of 2019 (Section 66300), or Housing Element Law (Section 65583.2). Replacement affordable units may also be used to meet the city’s requirements for affordable housing units if they meet the requirements of this chapter. Total units shall not include any units granted pursuant to density bonuses provided under State Density Bonus Law.
4. In determining the number of affordable housing units required, any decimal fraction of one-half or more shall be rounded up to the nearest whole number.
5. For decimal fractions of less than one-half, the developer shall either construct one additional affordable unit or to pay the partial unit payment set forth in Section 12.230.040(C).
SECTION 103. Paragraph A of Section 12.230.040 (Affordable Housing Impact Fees and In-Lieu Fees) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
A. Affordable housing impact fees and in-lieu fees are hereby established for all residential and nonresidential development projects, including affordable housing in-lieu fees for residential development projects and commercial linkage fees for nonresidential development projects. The amount of the affordable housing impact fees and in-lieu fees shall be established and adjusted from time to time by resolution of the city council. The affordable housing impact fees shall not exceed the cost of mitigating the impact of residential or nonresidential development projects on the need for affordable housing in the city.
1. Commercial Linkage Fees. As provided in Section 12.230.030, all nonresidential development projects shall pay a commercial linkage fee, unless an alternative is proposed by the developer and approved by the city council as described in Section 12.230.060.
2. Affordable Housing In-Lieu Fees for Residential Development Projects. If approved by the decision-making body city council as provided in Section 12.230.060(B), residential development projects may pay an affordable housing in-lieu fees rather than provide onsite units.
SECTION 104. Section 12.230.060 (Alternatives) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.230.060 Alternatives.
A. Notwithstanding any contrary provisions of this chapter, the decision-making body for the planning permit city council may approve or conditionally approve an alternative to the requirements in Section 12.230.030 of this chapter as proposed by the developer in the affordable housing plan required by Section 12.230.070 of this chapter, provided that the decision-making body city council makes the findings required by subsections B and C, as appropriate.
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B. Residential Development Projects. As an alternative to construction of affordable housing units on site, if approved by the decision-making body for the planning permit city council, developers of residential development projects may propose to provide affordable housing units through alternative means, including:
1. Payment of Affordable Housing In-Lieu Fees. The city may accept payment of an affordable housing in-lieu fee in place of construction of on-site units in accordance with Section 12.230.030 if all of the following findings can be made:
a. The decision-making body for the planning permit city council determines that the affordable housing in-lieu fee will provide at least an equivalent number of affordable units at the same or lower income levels as would otherwise be required by Section 12.230.030 based on the city’s economic analysis.
b. The average unit size in the project seeking to pay an affordable housing in-lieu fee is equal to or greater than two thousand square feet or four bedrooms.
2. Off-Site Affordable Units. The decision-making body for the planning permit city council may approve or conditionally approve an alternative to provide affordable units off-site if it makes the following findings:
a. Financing or a viable financing plan, which may include public funding sources, is in place for the proposed affordable housing units;
b. The proposed location is suitable for the proposed affordable housing, is consistent with the Housing Element, General Plan, and Zoning Ordinance, and will not tend to cause residential segregation or concentrations of poverty;
c. The units shall be constructed within the city of San Bruno and shall be constructed and occupied prior to occupancy of the residential development project; d. Such alternative compliance will provide as many or more affordable units at the same or lower income levels as would compliance with Section 12.230.030 and will not increase residential segregation or concentrations of poverty, based on substantial evidence.
3. Provision of Rental Units in Place of For-Sale Units. The affordable housing requirement for for-sale units in Section 12.230.030 may be satisfied by providing five percent of the for-sale units at affordable rent to very low-income households, five percent of the for-sale units at affordable rent to low-income households, and five percent of the for-sale units at affordable rent to moderate-income households. The affordable housing agreement shall include provisions to provide for the future sale of the affordable housing units at an affordable ownership cost and relocation benefits for tenants of the inclusionary units if the owner of the for-sale units later determines to offer any affordable housing units in the residential development project for sale. At sale, appropriate documents shall be recorded to ensure affordability of ten percent of the for-sale units to moderate income households and five percent of the for-sale units to low income households for a forty-five-year term.
4. Alternative Percentages and Income Levels of Affordable Units. The decision-making body for the planning permit city council may choose to approve a different percentage of total units as affordable units allocated to alternative income groups (i.e., provision of a lower total
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percentage of affordable units with all units dedicated to very low-income households) than identified in Section 12.230.030 provided that it finds that:
a. An economic analysis prepared by a qualified consultant selected by the city demonstrates that the project provides the same overall affordable housing subsidy as would be provided by meeting the standards in Section 12.230.030; and b. Tthe alternative percentages and income levels of affordable units provided by the project will better assist the city in reducing Regional Housing Needs Allocation (RHNA) deficits for very-low income, low-income or moderate-income households.
The community development director may require an economic analysis prepared by a qualified consultant selected by the city that demonstrates the project provides the same overall affordable housing subsidy as would be provided by meeting the standards in Section
12.230.030.
5. Other Alternatives. The decision-making body for the planning permit city council may review and approve an alternative mitigation program, including, but not limited to, the dedication of land to the city suitable for construction of affordable units, the purchase of existing units for conversion to affordable units, acquisition and rehabilitation of affordable units, or increase in the total number of affordable housing bedrooms, provided that it can find that, based on substantial evidence, that:
a. Such alternative compliance will provide as many or more affordable units at the same or lower income levels as would compliance with Section 12.230.030 and will not increase residential segregation or concentrations of poverty; and b. The affordable units provided by the project will assist the city in reducing Regional Housing Needs Allocation (RHNA) deficits for very-low income, low-income or moderate-income households.
C. Nonresidential Development Projects. As an alternative to payment of the commercial linkage fees, developers of nonresidential development projects may propose to mitigate the affordable housing impacts of such development through the construction of affordable housing units on site or through an alternative mitigation program, as provided in subsection B of this section. In addition to the findings contained in subsection B, the decision-making body city council shall find that the proposed alternative mitigates the impact of the project on the need for affordable housing to the same extent as payment of the commercial linkage fee.
D. Any affordable rental or for-sale housing units proposed as an alternative shall be subject to the requirements described in Sections 12.230.070 through 12.230.110 of this chapter, as applicable. (Ord. 1898 § 3, 2021; Ord. 1843 § 3, 2016) SECTION 105. Section 12.230.070 (Compliance Procedures) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.230.070 Compliance procedures.
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A. General. Approval of an affordable housing plan and execution, recordation and implementation of an affordable housing agreement shall be conditions of any approval of a residential or nonresidential development project, which includes the provision of affordable housing units as provided in Section 12.230.030 or 12.230.060. No affordable housing plan is required if the developer proposes only to pay the commercial linkage fee.
B. Affordable Housing Plan. No application for approval of a residential or nonresidential development project which includes the provision of affordable housing units or payment of affordable housing in-lieu fees may be deemed complete until an affordable housing plan containing all the elements identified below is submitted to the community development department, except that an affordable housing plan to pay affordable housing in-lieu fees need only contain the information required to make the findings contained in Section 1213.230.060.The affordable housing plan shall include:
1. The number, location, number of bedrooms and size of the proposed market rate and affordable housing units and the basis for calculating the number of affordable housing units;
2. If the applicant is applying for a density bonus, the affordable housing plan must include an analysis of the density bonus request as required by Chapter 12.250;
3. A site plan depicting the proposed location of the affordable housing units;
4. A floor plan depicting the proposed location, number of bedrooms, and square footage of the affordable housing units within a residential development;
5. The income levels to which each affordable housing unit will be made affordable;
6. The mechanisms that will be used to assure that the units remain affordable for the desired term, such as resale and rental restrictions, deeds of trust, and city’s option to purchase and other documents;
7. For a phased residential development proposing any change to the phasing requirements specified in Section 12.230.080(B), a phasing plan that provides for the timely development of affordable housing units in each proposed phase of development;
8. The marketing plan for initial sales or rental by developer of the affordable housing units;
9. Any proposed alternative as provided in Section 12.230.060 along with information necessary to support the findings required in Section 12.230.060 for approval of such alternatives; and
10. The community and economic development director may request additional information as reasonably needed to assist with evaluation of the affordable housing plan under the standards of this chapter.
C. The affordable housing plan shall be processed concurrently with all other permits required for the residential or nonresidential development project. Before approving the affordable housing plan, the city council decision-making body shall find that the affordable
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housing plan conforms to this chapter. A condition shall be attached to the first approval of any residential or nonresidential development project to require recordation of an affordable housing agreement, as described in this subsection, prior to the approval of any final or parcel map or building permit for the residential or nonresidential development project.
D. Affordable Housing Agreement. To ensure compliance with the approved affordable housing plan, an affordable housing agreement acceptable to the city attorney or designee shall be recorded against the residential or nonresidential development project prior to approval of any final or parcel map, or issuance of any building permit, whichever occurs first. The affordable housing agreement shall specify the number, type, location, size, phasing, and terms of affordability of all affordable housing units, provisions for income certification and screening of potential purchasers or renters of units, resale control mechanisms for for-sale units, the financing of ongoing administrative and monitoring costs, and all other provisions required to ensure compliance with the approved affordable housing plan.
E. The city manager community development director may adopt affordable housing guidelines consistent with this chapter and the Housing Element for the purpose of carrying out the administration of this chapter and may update those guidelines periodically as required. (Ord. 1898 § 3, 2021; Ord. 1843 § 3, 2016)
SECTION 106. Section 12.230.080 (Affordable Housing Unit Standards) of Chapter
12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.230.080 Affordable housing unit standards.
A. All affordable units provided pursuant to Sections 12.230.030 and 12.230.060 shall be comparable to the overall quality of construction to market-rate units in the same housing development as follows:
1. The exterior appearance of the affordable units shall be compatible with that of market- rate units, including the use of the same architectural style, the same façade and roof materials, the same trim details, same windows, and compatible roof design and slope.
2. Interior finishes and amenities may not differ from those provided in the base model market rate units.
3. The average number of bedrooms in the affordable housing units shall be the same as the average number of bedrooms and average size in the market-rate units, and the affordable housing units shall be dispersed within the residential development, with unit locations comparable to those of the market-rate units, subject to review and approval by the community development director.
4. The affordable housing units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent as defined in Section 12.230.010 or at affordable ownership cost as defined in Section 12.230.010.
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B. Affordable housing units provided pursuant to
Sections 12.230.030 and 12.230.060 shall be made available for occupancy concurrently with the market-rate units. For the purposes of this subsection, “concurrently” means that the city shall issue building permits for the market-rate units proportionally with building permits for the affordable housing units, and the city shall approve final inspections or certificates of occupancy for the market-rate units in proportion with final inspections or certificates of occupancy for the affordable housing units. However, the city council decision-making body for the planning permit may modify the timing requirements for construction and occupancy of market-rate units to accommodate phasing schedules, model variations, or other factors, if the city council decision- making body determines that modifying the timing requirements is necessary to ensure feasibility of the residential development project.
C. All affordable housing units provided pursuant to Sections 12.230.030 and 12.230.060 shall be subject to a resale restriction, deed of trust, and/or regulatory agreement recorded against the property for execution by the city manager, in a form approved by the city attorney, to ensure the continued affordability of the affordable units.
1. Affordable housing units produced under this chapter shall be legally restricted to occupancy by households of the income levels for which the units were designated for a period of not less than fifty-five years for rental units and forty-five years for for-sale units.
2. To the extent permitted by state and federal law, preferences will be given to those households where at least one member in the household lives or works in San Bruno or works for a school district serving the residents living in the city, except for those deemed ineligible due to conflict of interest noted below.
3. Conflict of Interest. The following individuals are ineligible to purchase or rent certain affordable housing units: (a) elected or appointed city officials (including their spouse and dependents) who participated in the approval process for a project that included the affordable housing units; (b) the project applicant and its officers and employees (and their spouse and dependents); and (c) the project owner and its officers and employees (and their spouse and dependents). However, employees of the project applicant and project owner may purchase or rent affordable housing units if the units were designed and intended to be occupied by employees of the applicant or owner and approved by the city council decision-making body as part of the affordable housing plan. Officials, employees, or consultants of the city and members of city boards and commissions shall comply with all applicable laws, regulations, and policies relating to conflicts of interest as to their eligibility to develop, construct, sell, rent, lease, occupy, or purchase an affordable unit.
4. Any household that occupies an affordable housing unit must occupy that unit as its principal residence, unless otherwise approved in writing for rental to a third party for a limited period of time due to household hardship, as determined by the city.
5. No household may begin occupancy of an affordable unit until the household has been determined to be eligible to occupy that unit by the community development director or designee. The city manager or designee may from time to time adopt guidelines for determining household income and affordable housing cost, determining buyer eligibility, monitoring, and relevant administrative provisions. (Ord. 1898 § 3, 2021; Ord. 1843 § 3, 2016)
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SECTION 107. Paragraph B of Section 12.230.100 (Affordable Rental Units) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
B. Annual Report. The owner shall submit an annual report summarizing the occupancy of each affordable housing unit for the year and demonstrating the income-eligibility of the tenant, as required by the affordable housing agreement or rent regulatory agreement. The city manager community development director may require additional information to confirm household income and rental price of the unit if he or she the director deems necessary. The city council may establish an annual fee by resolution to cover the costs of this monitoring.
SECTION 108. Paragraph A of Section 12.230.110 (Administrative Relief) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
A. As part of an application for the first approval of a residential or nonresidential development project, a developer may request that the requirements of this chapter be waived or modified by the city council decision-making body, based upon a showing that applying the requirements of this chapter would result in an unconstitutional taking of property or would result in any other unconstitutional result. Concurrently:
1. Any request for a waiver or modification shall be submitted with the project application.
The developer shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation.
2. Any request for a waiver or modification based on this section shall be reviewed and considered at the same time as the project application. The city council may from time to time establish by resolution a processing fee for review of any request for a waiver or modification.
SECTION 109. Paragraph B of Section 12.240.030 (Review Authority) of Chapter
12.240 (Reasonable Accommodation) of Article III (Zoning) of Title 12 (Land Use) is deleted in its entirety.
SECTION 110. Section 12.270.070 (Post-Decision Procedures) of Chapter 12.240 (Reasonable Accommodation) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.240.070 Post-decision procedures.
The decision of the community development director or designee may be appealed to the planning commission as set forth in Chapter 12.78. Any person may submit an appeal, which shall be filed within ten days following the date the decision was made. An appeal shall be submitted in writing on an official city application form together with all required application fees. (Ord. 1825 § 2, 2014)
SECTION 111. Section 12.250.040 (Application Requirements) of Chapter 12.250 (Density Bonus) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
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12.250.040 Application requirements.
An application for a density bonus, incentive, waiver, or parking reduction shall be submitted with the first application for approval of a housing development and shall be processed concurrently with all other applications required for the housing development. The applicant shall be informed whether the application is complete consistent with provisions and timelines of Government Code Section 65943. At the time the application is determined to be complete under Government Code Section 65943, the city will provide the applicant with a determination regarding the amount of density bonus and the parking reduction for which the housing development is eligible and whether adequate information has been submitted for the city to make a determination on incentives and waivers. The application shall be on a form prescribed by the city and, in addition to any information required for other applications, shall include the following information:
A. A description of the proposed housing development and a site plan, elevations, sections, and floor plans, with the total number and location of all dwelling units, average unit size, unit mix by bedroom size, affordable units (including average unit size and unit mix by bedroom size), and density bonus units proposed.
B. Base Density Study. For projects proposed in districts that do not have a maximum density, the The housing development sponsor shall submit plans for a base density housing development that demonstrates a code compliant project on the project site without modification of the Zoning Code. Such plans shall include similar detail to the plans submitted for the proposed housing development, including site plan including parking, elevations, floor plans, total unit count, average unit size, and unit mix. The base density study shall demonstrate that the maximum allowable gross residential density for the base project is not limited by site constraints.
C. A density bonus report that shall include the following minimum information:
1. Base Density Housing Development and Proposed Housing Development Comparison.
Demonstrate whether the average unit size and unit mix is comparable between the base density housing development and the proposed housing development.
2. Requested Density Bonus.
a. The zoning and General Plan land use designations, maximum allowable gross residential density, assessor’s parcel number(s) of the project site, and a description of any density bonus, incentive, waiver, or parking reduction requested. b. Summary table showing the maximum number of dwelling units permitted by the zoning and General Plan excluding any density bonus units, proposed affordable units by income level, proposed bonus percentage, number of density bonus units proposed, total number of dwelling units proposed on the site, and resulting density in units per acre. The applicant must demonstrate that the proposed units will satisfy the requirements of Government Code Section 65915(b) and identify whether the applicant is requesting a bonus under subparagraph (A), (B), (C) (D), (E), (F), or (G) of Government Code Section 65915(b)(1).
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c. Proposed rents and sale prices demonstrating that any proposed lower and moderate- income units will satisfy the requirements of Government Code Section 65915(c) for the selected category under Section 65915(b)(1).
d. Documentation demonstrating that the project is meeting the replacement housing requirements of Government Code Section 65915(c)(3), including submittal of the following information:
i. A description of all dwelling units existing or demolished on the site, by bedroom size, in the five-year period preceding the date of submittal of the application and identification of any units rented in the five-year period. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If any dwelling units on the site were rented in the five-year period but are not currently rented or were demolished, the income and household size of residents occupying dwelling units when the site contained the maximum number of dwelling units, if known.
ii. Description of any recorded covenant, ordinance, or law applicable to the site that restricted rents to levels affordable to very low- or lower-income households in the five-year period preceding the date of submittal of the application. iii. Description of any dwelling units on the site subject to rent or price control through a federal, state, local, or other public entity’s exercise of the police power local in the five-year period preceding the date of submittal.
e. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and reasonable documentation that each of the requirements included in Government Code Section 65915(g) can be met.
3. Requested Incentive(s). In the event an application proposes incentives for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each incentive requested, shown on a site plan if appropriate:
a. The city’s usual development standard and the requested development standard or other regulatory incentive, and the applicant’s eligibility under Government Code Section 65915(d) for the number of incentives or concessions requested. b. Except where mixed-use zoning is proposed as an incentive, reasonable documentation to show that any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents, including submittal of a financial analysis or report showing that the requested incentive will result in actual cost reductions to provide for affordable housing costs or rents. However, no further documentation is required for the following incentives, if consistent with applicable design guidelines:
i. Reduced setbacks or buffers;
ii. Increased maximum lot coverage; and
iii. Location of land proposed for land donation within one-half mile of the project, so long as the applicant demonstrates to the city’s satisfaction that building the requisite number of
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affordable units on site is infeasible and there is an identified source of funding for the very low- income units.
c. If approval of mixed-use zoning is proposed, reasonable documentation that nonresidential land uses will reduce the cost of the housing development, that the nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the proposed housing development will be located, and that mixed use zoning will provide for affordable housing costs or rents.
4. Requested Waiver(s). In the event an application proposes waivers of development standards for a housing development pursuant to State Density Bonus Law, the density bonus report shall include the following minimum information for each waiver requested:
a. A table showing the city’s required development standards and the requested development standards as depicted on the required site plans and elevations for all locations where a waiver is requested.
b. Reasonable documentation to demonstrate that each development standard for which a waiver is requested would physically preclude the construction of the housing development with the requested density bonus or with the incentives permitted by Government Code Section 65915. Reasonable documentation consists of at least a site plan and elevations of the proposed project with the development standards required by the zoning ordinance overlaid on the site plan and elevations, demonstrating the physical limitations that preclude the density, concessions, and incentives requested.
5. Requested Parking Reduction. In the event an application proposes a parking reduction for a housing development pursuant to Government Code Section 65915(p), a table showing parking required by the zoning regulations, parking proposed under Section 65915(p), and reasonable documentation that the project meets all the requirements for that parking reduction contained in Section 65915(p).
6. Child Care Facility. If a density bonus or incentive is requested for a childcare facility in a housing development, reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.
7. Condominium Conversion. If a density bonus or incentive is requested for a condominium conversion, reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.
8. Commercial Development Bonus. If a commercial development bonus is requested for a commercial development, the application shall include the proposed partnered housing agreement and the proposed commercial development bonus, pursuant to Government Code Section 65915.7, and reasonable documentation that each of the standards included in Government Code Section 65915.7 has been met.
9. Fee. Payment of any fee in an amount set by resolution of the city council for staff time necessary to determine compliance of the density bonus report with State Density Bonus Law.
10. Additional Information. The community and economic development director is authorized to develop, publish and from time to time update or amend permit application
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requirements, forms, checklists, guidelines, informational handouts and other related materials that the director finds necessary, appropriate or useful for processing any application under State Density Bonus Law. All such requirements and materials must be in written form. Any changes shall be posted on the city’s website within thirty days of the change. (Ord. 1898 § 3, 2021)
SECTION 112. Section 12.250.070 (Review Procedures) of Chapter 12.205 (Density Bonus) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.250.070 Review procedures.
All requests for density bonuses, incentives, parking reductions, waivers, or commercial development bonuses shall be considered and acted upon by the approval body with authority to approve the development within the timelines prescribed by Government Code Sections 65950 et seq., with right of appeal as set forth in Chapter 12.78. to the city council.
A. Eligibility for Density Bonus, Incentive(s), Parking Reduction, and/or Waiver(s). To ensure that an application for a housing development conforms with the provisions of State Density Bonus Law, the staff report presented to the decision-making body shall state whether the application conforms to the following requirements of state law:
1. The housing development provides the affordable units or senior housing required by State Density Bonus Law to be eligible for the density bonus and any incentives, parking reduction, or waivers requested, including the replacement of units rented or formerly rented to low and very low-income households as required by Government Code Section 65915(c)(3).
2. Any requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents; except that, if a mixed-use development is requested, the application must instead meet all of the requirements of Government Code Section 65915(k)(2).
3. The development standards for which a waiver is requested would have the effect of physically precluding the construction of a development at the densities or with the concessions or incentives permitted by Government Code Section 65915.
4. The housing development is eligible for any requested parking reductions under Government Code Section 65915(p).
5. If the density bonus is based all or in part on donation of land, all of the requirements included in Government Code Section 65915(g) have been met.
6. If the density bonus or incentive is based all or in part on the inclusion of a child care facility, all of the requirements included in Government Code Section 65915(h) have been met.
7. If the density bonus or incentive is based all or in part on the inclusion of affordable units as part of a condominium conversion, all of the requirements included in Government Code Section 65915.5 have been met.
B. If a commercial development bonus is requested for a commercial development, the decision-making body shall make a finding that the development complies with all of the
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requirements of Government Code Section 65915.7, that the city has approved the partnered housing agreement, and that the commercial development bonus has been mutually agreed upon by the city and the commercial developer.
C. The decision-making body shall grant an incentive requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
1. The proposed incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety code, or for affordable rents, as defined in Section 50053 of the Health and Safety Code; or
2. The proposed incentive would be contrary to state or federal law; or
3. The proposed incentive would have a specific, adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historic Resources, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
D. The decision-making body shall grant the waiver of development standards requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
1. The development standards proposed to be waived will not have the effect of physically precluding the construction of the housing development at the permitted density or with the requested incentives, and, as a consequence, grant of the waiver would be contrary to state law; or
2. The proposed waiver would be otherwise contrary to state or federal law; or
3. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources; or
4. The proposed waiver would have a specific, adverse impact upon public health or safety or the physical environment, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low and moderate income households. For the purpose of this subsection, “specific adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, written public health or safety standards, policies, or conditions as they existed on the date that the application for the housing development was deemed complete.
E. If any density bonus, incentive, parking reduction, waiver, or commercial development bonus is approved pursuant to this chapter, the applicant shall enter into an affordable housing agreement or senior housing agreement with the city pursuant to Chapter 12.230. (Ord. 1898 § 3, 2021)
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SECTION 113. Paragraph A of Section 12.260.100 (Appeals) of Chapter 12.260 (Development Impact Fees) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
A. If a developer believes that one or more of the fees applied to his or her project have been calculated incorrectly by the city, a developer he or she may apply to the city manager for an adjustment to those fees.
SECTION 114. Section 12.260.110 (Regulations) of Chapter 12.260 (Development Impact Fees) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.260.110 Regulations.
The city manager may promulgate such interpretive regulations for the application of this chapter as the city manager he or she finds necessary or useful. (Ord. 1933 § 3, 2022; Ord. 1869 § 3, 2019)
SECTION 115. Paragraph A of Section 12.265.100 (Appeals) of Chapter 12.265 (Bayhill Specific Plan Area Development Impact Fee) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
A. If a developer believes that the city incorrectly calculated the fee applied to such developer’s project or that the fee is not reasonably related to the impact of the developer’s project on the Bayhill specific plan area facilities, the developer may appeal apply to the city manager for an adjustment to the fee.
SECTION 116. Section 12.270.020 (Definitions) of Chapter 12.270 (Short-Term Residential Rentals) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.270.020 Definitions.
“Accessory dwelling unit” means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated.
“Advertising platform” means an advertising platform means through which a property owner may offer a dwelling unit, or portion thereof, for short-term rental. An advertising platform includes, but is not limited to, an internet-based platform that allows a property owner to advertise and potentially arrange for short-term residential rental of the dwelling unit, or portion thereof, through a publicly searchable website.
“For-profit commercial uses” means uses that are operated for profit or for hire within a dwelling unit, including, but not limited to, corporate events, subject to final determination by the community and economic development director, or designee. “Multiple-family dwelling unit” means a building or portion thereof, used and designed as residence for three or more families living independently of each other and doing their own
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cooking in said building, including apartment houses, apartment hotels and flats, but not including automobile courts or boardinghouses. This includes both rental units and condominium units.
“Operate” means the operation of a short-term residential rental, and includes the acts of establishing, offering, maintaining or listing for a short-term rental with an advertising platform. “Short-term residential rental” means the transient occupancy use of entire dwelling unit or a portion (such an individual bedroom or equivalent sleeping room as defined by the California Building Code) of a dwelling unit to a guest for a rental period of less than thirty consecutive calendar days.
“Single-family dwelling unit” means a building designed for, or used to house, not more than one family, including all necessary employees of such family. “Two-family or duplex dwelling unit” means a building containing not more than two kitchens designed and/or used to house not more than two families, living independently of each other, including all necessary employees of each such family. (Ord. 1884 § 3, 2020) SECTION 117. Paragraph A of Section 12.270.030 (Administration) of Chapter
12.270 (Short-Term Residential Rentals) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
A. Director of Community and Economic Development. The community development director or their designee is responsible for administering this chapter and establishing rules and regulations for this purpose. As part of the administration of this chapter, the director or designee may:
1. Interpret the provisions of this chapter;
2. Establish reasonable rules and regulations, which may include, without limitation, regular hours for appointments with applicants, as the director deems necessary or appropriate to organize, document and manage the application intake process;
3. Develop, publish and from time to time update or amend permit application requirements, forms, checklists, guidelines, informational handouts and other related materials that the director finds necessary, appropriate or useful for processing any application governed under this chapter;
4. Collect, as a requirement of the submittal of any application, any fee established by this chapter;
5. Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with state and federal laws and regulations;
6. Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
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7. Subject to appeal as provided herein, determine whether to approve, approve subject to conditions, or deny an application; and
8. Take such other steps as may be required to timely act upon applications for permitting of short-term residential rental uses including issuing written decisions and entering into agreements to mutually extend the time for action on an application. (Ord. 1884 § 3, 2020) SECTION 118. Paragraph C of Section 12.270.040 of Chapter 12.270 (Short-Term Residential Rentals) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
C. Accessory Dwelling Units. An existing accessory dwelling unit legally permitted and constructed prior to the effective date of this section (September 25, 2020), where the primary single-family dwelling unit is owner occupied may be utilized for short-term residential rental use subject to an annual usage limit of no more than one hundred twenty calendar days per calendar year. Accessory dwelling units permitted after September 25, 2020 shall not be used as a short-term rental. This unit must exist at the time of the enaction of the ordinance codified in this chapter and shall not be subject to an existing deed restriction prohibiting a short-term residential rental use.
This use is permitted in any zoning district in which a dwelling unit is otherwise permitted or is an existing legal nonconforming use. This use subject to the requirements of this section, including compliance with the operating standards, registration, transient occupancy tax payments, business license and tax requirements, and recordkeeping obligations. Except as provided for in this section, all other short-term residential rental uses shall be prohibited. Short- term residential rental uses are prohibited in vehicles, trailers, tents, tree houses, yurts, storage sheds or garages. (Ord. 1884 § 3, 2020)
SECTION 119. Paragraph A of Section 12.270.070 (Permit Requirements and Required Operational Standards) of Chapter 12.270 (Short-Term Residential Rentals) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
A. Permit Required. Any short-term residential rental use must apply for and obtain a short- term residential rental zoning permit issued by the city community and economic development department.
SECTION 120. Paragraph B of Section 12.270.070 (Permit Requirements and Required Operational Standards) of Chapter 12.270 (Short-Term Residential Rentals) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
B. Inspections Required. An inspection Inspection by a city building inspector and the city fire marshal or designee is required before issuance of the short-term residential rental zoning permit. Inspections are also required for bi-annual renewals.
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SECTION 121. Paragraph E of Section 12.270.070 (Permit Requirements and Required Operational Standards) of Chapter 12.270 (Short-Term Residential Rentals) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
E. Local Contact Information. The permittee shall keep on file with the city community and economic development department, police department, and fire department the name, address, telephone number, and email address of a local contact person who remains responsible for responding any questions or concerns regarding the operation of a short-term residential rental.
This information shall also be posted in a conspicuous location within and directly outside (in a location visible to the public) of the rental unit. The local contact person shall be available twenty-four hours a day, seven days a week during the term of any non-hosted stays to accept any complaints. The local contact person is required to respond within sixty minutes to complaints and be fully authorized to take remedial action to resolve such complaints.
SECTION 122. Section 12.270.090 (Appeals) of Chapter 12.270 (Short-Term Residential Rentals) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.270.090 Appeals.
A. Appeals of Approvals of Short-Term Residential Rental Zoning Permit. An approval of a short-term residential rental zoning permit issued by the director or designee Decisions by the community development director pursuant to this chapter may be appealed in writing to the city manager, which may decide de novo, and whose written decision may be appealed in writing to the city council, which will be the final decision of the city.
B. Appeals of Denials or Revocations of Short-Term Residential Rental Zoning Permit. A denial or revocation of a short-term residential rental zoning permit rendered by the director or designee pursuant to this chapter may be appealed in writing to the city manager, which may decide de novo, and whose written decision may be appealed in writing to the city council, which will be the final decision of the city.
BC. Timing. Any appeal shall be conducted so that a timely written decision may be issued in accordance with applicable law. All appeals must be filed within ten business days of the written decision of the director or designee, unless the director or designee extends the time therefor. An extension may not be granted when the extension would result in approval of the application by operation of law.
CD. All appeals shall state the basis for the appeal and provide supporting documentation if appropriate. Appeals shall be conducted informally, and the rules of evidence will not apply. (Ord. 1884 § 3, 2020)
SECTION 123. Chapter 12.280 (Mixed-Use Zoning Districts) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
Chapter 12.280 MIXED-USE ZONING DISTRICTS
12.280.010 Purpose of zoning district.
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A. Central Business District (CBD). The CBD zoning district supports a vibrant downtown core that is an exciting destination for residents, workers, and visitors. The CBD zoning district preserves and enhances the main street urban fabric and character of San Mateo Avenue with targeted enhancement of existing commercial uses, additional residential units, and streetscape improvements that create an inviting pedestrian environment. The CBD zoning district implements the Central Business District land use designation in the General Plan and Transit Corridors Plan.
B. TOD-Station Office (TOD-S). The TOD-S zoning district accommodates high-intensity residential, office, and retail development within the vicinity of the new Caltrain station. New development within the TOD-S zoning district will be a focal point of new activity that is integrated with the Caltrain station, Downtown San Bruno, and surrounding areas. The TOD zoning district supports a dynamic, active environment with a mixture of employment, residential, and retail uses that support a pedestrian-friendly environment. The TOD-S zoning district implements the transit-oriented development land use designation in the General Plan and the Station Area land use designation in the Transit Corridors Plan.
C. Medium Density Mixed-Use (TOD-1). The TOD-1 zoning district allows for a mixture of pedestrian-oriented land uses along San Bruno’s transit corridors. New development within the TOD-1 zoning district will support pedestrian activity, transportation alternatives, and a unique sense of place within San Bruno. High density housing will increase residents’ access to transit and support adjacent resident-serving retail and services. Streetscape improvements, upgraded storefront, and human-scaled building design will create a welcoming identity and inviting environment for pedestrians. The TOD-1 zoning district implements the Transit Oriented Development land use designation in the General Plan and the San Bruno Avenue and Huntington Avenue designations in the Transit Corridors Plan.
D. High Density Mixed-Use (TOD-2). The TOD-2 zoning district allows for high intensity residential and commercial land uses along San Bruno’s primary transit corridors. New development within the TOD-2 zoning district will support a vibrant mixed-use corridor that supports increased transit use and supports nearby stores and services. Building in the TOD-2 zoning district will encourage increased pedestrian activity and a high quality design environment. The TOD-2 zoning district implements the Transit-Oriented Development land use designation in the General Plan and the El Camino Real designation in the Transit Corridors Plan.
E. Multi Use—Residential Focus (MX-R). The MX-R zoning district allows for multifamily housing and a variety of residentially focused uses along El Camino Real south of Crystal Springs Road. The MX-R zoning district supports a vibrant residential corridor with related, supportive residential and employment uses, but retail uses only conditionally allowed. This will allow for concentrating retail in existing retail areas. The MX-R zoning district implements the Multi-Use—Residential Focus land use designation in the General Plan.
F. Civic Center (CC). The CC zoning district allows for a high intensity integrated civic center along El Camino Real. The CC zoning district applies to the area occupied by the San Bruno City Hall, Public Library, and Fire and Police Stations. The CC zoning district allows development intensities that support transit use and increased pedestrian activity and promote a high-quality design environment. The P/QP-CC zoning district implements the Public/Quasi- Public land use designation in the General Plan and the Civic Center land use designation in the Transit Corridors Plan. (Ord. 1898 § 3, 2021)
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12.280.020 Permitted uses.
Table 12.280-1 identifies land uses permitted in the mixed-use zoning districts. The regulations for each district are established by letter designations as follows:
“P” designates permitted land uses
“C” designates Use Permit required as set forth in Chapter 12.112 “-” designates land uses that are not allowed
A. Unlisted Uses. The land uses below are defined in Chapter 12.80, Definitions, of the San Bruno Zoning Ordinance. If a specific land use or activity is not defined, the director shall assign the land use or activity to a use type that is substantially similar in character. Use types not listed in the table or not substantially similar to the uses below are prohibited unless the community and economic development director make a written determination that an unlisted proposed use is substantially equivalent to a permitted or conditionally listed use and is permitted if all of the following findings can be made.
1. The use is no greater in density or intensity than other permitted uses in the applicable zoning district;
2. The use is compatible with permitted or conditionally permitted uses in the applicable zoning district;
3. The use will be consistent with the purpose and intent of the applicable zoning district and any applicable adopted specific plan;
4. The use is consistent with applicable goals and policies of the General Plan and any applicable adopted specific plan;
5. The use will not be detrimental to the public health, safety, or welfare.
When the community and economic development director determines that a proposed use is equivalent to a permitted or conditionally permitted listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required (including the need for a conditional use permit or any other planning entitlement), and all applicable requirements of the Zoning Ordinance.
B. Conditional Land Uses. Those land uses specified as conditionally permitted uses in this chapter may be permitted subject to approval of a use permit pursuant to Chapter 12.122. by the planning commission or city council.
C. Existing Nonconforming Uses.
1. Where a use is classified as a “conditional use” under this chapter and legally exists as a permitted use at the date of the adoption of this chapter, it shall be considered a legal nonconforming use subject to Chapter 12.92. , without further action of the planning commission or the city council.
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2. Exemptions. Permitted single-family residential uses made legal nonconforming by adoption of the ordinance codified in this title shall be exempt from the prohibition on expansion of the legal nonconforming use set forth in Section 12.92.020(B)(2).
Table 12.280-1: Permitted Land Uses in Mixed-Use Zoning Districts Land Uses CBD TOD-
S
TOD-
1 TOD-
2 CC MX-R
Residential Uses
Duplex Homes, Mobile Home Parks,
Single-Family Homes
- - - - - -
Boardinghouse C [1] C C C - C
Live/Work C P P P - P
Multifamily Homes P [1] P P P P
Residential Care Facilities, Small P [1] P P P - P
Residential Care Facilities, Large P [1] P P P - P
Accessory Dwelling Units P P P P - P
Public and Quasi-Public Uses
Cemeteries - - - - - -
Colleges and Universities; Schools; and
Trade and Vocational Schools
C [2] C C C - -
Community Facilities, Public C C - C C C
Community Facilities, Private C C - C - C
Community Garden P P P P P P
Day Care Center C P P P - P
Emergency Shelters - P [7] P [7] P [7] - -
Home Day Care, Small P [1] P P P - P
Home Day Care, Large P [1] P P P - P
Hospitals - C C C - -
Nursing and Convalescent Homes - C C C - -
Parks and Recreational Facilities
(Public)
PC P PC PC P PC
Parks and Recreational Facilities
(Private)
C C C C C C
Places of Worship C C C C - C
Public Safety Facilities - - - - P -
Public Maintenance Facilities - - - - - -
Social Services and Charitable
Institutions
C C C C - -
Commercial Uses
Adult Businesses (12.84.040) - - - C [5] - -
Amusement Game Centers (12.84.060) C C C C - C
Banks & Other Financial P P P P - P
Bars, Nightclubs and Lounges C p C [5] C [5] C [5] - C [5]
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Land Uses CBD TOD-
S
TOD-
1 TOD-
2 CC MX-R
Business Services P [2] P P P - P
Cannabis Retailer - - C [4] C [4] - C [4]
Cardroom (12.84.050) C [5] - - C [5,
6]
- C [5, 6]
Check Cashing Establishments - - - C - -
Commercial Recreation and
Entertainment
C C C C - C
Drive-Through Facilities - - - C [5] - C [5]
Firearm Dealers - - - - - -
Gas and Service Stations - - - C
Health and Exercise Clubs C C C C - C
Hotels and Motels C P P P - P
Office P [2] P P P P P
Outdoor Dining P P P P - P
Personal Services, Downtown Focus P P P P - P
Personal Services, Instructional Focus C C P P - P
Personal Services, General - C P P - P
Personal Storage - - - - - -
Pet Boarding Overnight - - C C - -
Pet Day Care Facility C C P P - -
Research and Development P [2] P P P - P
Retail Sales and Services P [3] P P P - C
Restaurants P [3] P P P - P
Vehicle Sales and Rental - - - C - -
Vehicle Repair and Maintenance - - - - - -
Industrial Uses
Construction, Maintenance, and Repair
Services; Heavy Equipment Sales and
Rental; Lumberyards; Manufacturing
and Processing (Light and General);
Warehousing, Wholesaling, and
Distribution
- - - - - -
Transportation, Communication, and Utilities Uses
Alternative Energy Structures C C C C C C
Ground Transportation Provider - - - - - -
Parking Lots, Commercial - - - - - -
Parking Structures, Commercial C C C C - C
Recycling Collection Facilities - C C C - C
Recycling Processing Facilities - - - - - -
Transportation Terminals - P - - - -
Utilities, Major C C C C C C
Utilities, Minor P P P P P P
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Notes:
[1] Permitted on upper floors; permitted on ground floor only if located along a side street without frontage along San Mateo Avenue.
[2] Permitted on upper floors only.
[3] Permitted on ground floors only.
[4] Subject to obtaining the necessary permits pursuant to Chapters 4.70 and 12.300. [5] Requires planning commission action.
[6] Only permitted along El Camino Real and San Mateo Avenue. [7] Pursuant to performance standards as set forth in Section 12.96.205.E. (Ord. 1937 § 3, 2023; Ord. 1930 § 5, 2022; Ord. 1898 § 3, 2021)
12.280.030 Development standards.
A. An architectural review permit shall be required for any project as set forth in Chapter
12.108.
BA. Building Form and Placement. Table 12.280-2 identifies building form and placement standards in the Mixed-use zoning districts. Letters A, B, C, and D in the table refer to Figure
12.280-1.
Table 12.280-2 Mixed-Use Zoning District Standards
CBD TOD-S TOD -1 TOD-2 CC MX-R
Height (A)
Minimum
Height None None / 60
feet [1] None
Maximum
Height [2] 55 feet 65 feet / 90
feet [1] 65 feet 70 feet 70 feet 50 feet
Minimum
Stories None None / 4
stories [1] None
Maximum
Stories 4 5 stories / 7
stories [1] 5 5 5 3
Maximum FAR
Parcels less
than 20,000
sq. ft.
2.0 2.0 2.0 2.0 2.0 2.0
Parcels
20,000 sq.
ft. or greater
None
Residential: 3.0
Nonresidential:
0.6 Residential
Density None 40.0 dwelling
units per acre [3]
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CBD TOD-S TOD -1 TOD-2 CC MX-R
Setbacks
Front (B) Minimum 10
feet [4] 5 feet minimum, 10 feet average [5, 6] 15 feet [5] 5 feet minimum,
10 feet average
[5, 6]
Street Side 5 feet 10 feet 5 feet
Interior
Side None
Rear (C) None
Rear if
Adjacent to
R-1 or R-2
District [7]
10 feet
Minimum Stepbacks (D)
Facing
Corridor
Street [8]
15 feet above
4th story
15 feet above
4th story
15 feet above
4th story
Adjacent to
R-1 or R-2
District
15 feet above
3rd story 15 feet above
3rd story
15 feet
above 3rd
story 15 feet above
3rd story
15 feet above
3rd story
None
Minimum
Required
Open
Space
40 sq. ft. of private or common open space per residential unit [9] Notes:
[1] East of San Mateo Ave/West of San Mateo Avenue. [2] A 10-foot increase in building heights may be permitted with planning commission approval for use of dormers, cupolas and similar architectural features with an architectural review permit.
[3] Projects that undertake public right-of-way streetscape improvements in accordance with criteria established by the city are eligible for a discretionary bonus of up to 8.0 units per acre. [4] In the CBD, the 10-foot setback is measured from edge of curb, and the combined width of the sidewalk and setback must equal at least 10 feet. Development projects that provide a combined 15-foot setback measured from edge of curb including the width of the sidewalk and setback may request a 25% reduction in the required amount of open space at the discretion of the decision-making body.
[5] Front setback must be pedestrian-oriented and contain semi-public amenities such as courtyards or outdoor seating areas.
[6] The average front setback shall equal the square footage resulting from multiplying the required average setback of the zone by the averageable width. The averageable width shall be the length of the property frontage. Residential ground-floor entry stoops may project into the setback area but must be set back at least 2 feet from the back of sidewalk. Window bays, balconies, and another architectural features may project into the average setback by 4 feet.
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[7] Adjacent means directly abutting, having a boundary or property line(s) in common or bordering directly, or contiguous to. For the purposes of this chapter, if the subject property is adjacent to a right-of-way, but a parcel with R-1 or R-2 zoning exists directly across the right-of- way at a 90 degree angle to the subject property line, it shall be considered adjacent to the R-1 or R-2 Districts despite the intervening right-of-way.
[8] Corridor Streets include San Mateo Avenue, El Camino Real, San Bruno Avenue, and Huntington Avenue.
[9] A combination of private and common outdoor open space may be provided assuming that a minimum of 40 square feet total open space is provided per unit. Private outdoor space shall not be less than 6 feet in any dimension and may be provided in the form of a porch, balcony, deck, patio, or fenced yards. Common outdoor space shall be located behind or within buildings as courtyards, and/or screened from street view by plant materials, elevation changes, and/or other techniques as appropriate.
Figure 12.280-1 Mixed-Use Zoning Districts Standards
(Ord. 1898 § 3, 2021)
12.280.040 Ground-floor building transparency.
A. The ground-floor street-facing building walls of nonresidential uses shall provide transparent windows or doors with views into the building for a minimum of sixty-five percent of the building frontage located between two and one-half and seven feet above the sidewalk (see Figure 12.280-2). Ninety percent of the transparent windows or doors area shall remain clear to allow views into the building.
B. Exceptions to this transparency requirement may be allowed if the community and economic development director finds that:
1. The proposed use has unique operational characteristics which preclude building openings, such as for a cinema or theatre; and
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2. Street-facing building walls will exhibit architectural relief and detail and will be enhanced with landscaping in such a way as to create visual interest at the pedestrian level.
Figure 12.280-2 Ground-Floor Building Transparency
(Ord. 1898 § 3, 2021)
12.280.050 Supplemental development standards.
The following standards apply to development projects in all mixed-use zoning districts.
These standards are illustrated in Figure 12.280-3 (Development Standards). Additionally, development projects within the Transit Corridors Plan shall demonstrate compliance with applicable design guidelines and standards contained in the Transit Corridors Plan.
A. Building Orientation. Buildings shall be oriented towards a public street with the primary entrance to the site or building directly accessible from an adjacent public sidewalk.
B. Building Articulation. Building articulation is required and may include:
1. Doors, windows, and other building openings;
2. Building projections or recesses, doorway and window trim, and other details that provide architectural articulation and design interest;
3. Varying wall planes, heights or contrasting materials and colors; and
4. Awnings, canopies, or arcades to reinforce the pedestrian scale and provide shade and cover from the elements.
C. Ground-Floor Minimum Height. Any ground floor associated with a nonresidential use shall have a minimum height of fifteen feet
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D. Building Materials and Colors.
1. Materials and colors shall be consistent with the desired contemporary architectural style.
2. Exterior building materials shall be steel, brick precast concrete, cut stone, exterior plaster or other quality, durable materials approved by the city as part of the project review.
3. Durable and highly resistant building base materials, such as precast concrete, brick, stone masonry, and commercial grade ceramic, shall be selected to withstand pedestrian traffic.
4. Materials and colors shall be used at intersecting planes to enhance key components of the building’s façade.
E. Storefront Width. The maximum building/storefront width in the CBD shall be twenty- five feet and one hundred feet in all other mixed-use districts. Larger buildings shall be broken down into a pedestrian scale rhythm with individual building bay widths of twenty-five to fifty feet.
F. Pedestrian Emphasis. Site design and building placement shall promote pedestrian access and walkability between buildings, sidewalks, public places, transit stops, and similar features and improvements.
Figure 12.280-3 Supplemental Development Standards
G. Parking Location and Buffers.
1. Surface parking shall be located to the rear or side of buildings. Surface parking may not be located between a building and a street-facing property line abutting a principal street.
2. Parking partially underground may match the setbacks of the main structure. The maximum height of a parking podium visible from a principal street is five feet from finished grade.
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3. There is no setback requirement for parking located completely underground; however, underground parking shall be designed to accommodate installation of all private utilities on private property and dedicate public utility easements, as needed, for proposed utilities needed to serve the property. Any proposed temporary or permanent encroachments into the public right-of-way or adjacent private properties shall be reviewed by the appropriate individuals or review bodies.
4. Surface parking adjacent to any street-facing property line shall be screened along the public right-of-way with a decorative wall, hedge, trellis, and/or landscaping at least three feet in height, unless the community and economic development director determines that a lower height is necessitated to ensure pedestrian, bicycle and vehicle safety.
5. A landscaped buffer at least three feet in width and six feet in height shall be provided for any surface parking lot abutting a residential zoning district.
6. On-site loading areas shall be located to the side and rear of buildings and shall be sufficiently screened from the public right-of-way, as determined by the community development director. (Ord. 1898 § 3, 2021)
12.280.060 Pre-application process.
For residential projects in TCP areas that are adjacent to existing low-density residential properties or for sites that are twenty thousand square feet or larger, a pre-application is encouraged required.
A. Purpose. The purpose of the pre-submittal process is to notify neighbors of the proposed project, receive public input, and receive initial feedback regarding the proposed project from staff, an outside design consultant, and the architectural review committee.
B. Process. A community outreach meeting is encouraged with a pre-application. The pre- application process includes an architectural review committee study session and community outreach meeting.
C. Application. Application requirements and further detail on process shall be set forth on a form prepared by the city. The fee shall be set forth in on the city’s Master Fee Schedule, as adopted city council resolution. (Ord. 1898 § 3, 2021)
SECTION 124. Section 12.290.040 of Chapter 12.290 (Bayhill Specific Plan Districts) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.290.040 Land use regulations.
Table 12.290-1 prescribes the land use regulations for the four Bayhill zoning districts. The regulations for each district are established by letter designations as shown in the table as follows:.
“P” designates permitted land uses
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“C” designates a use permit is required as set forth in Chapter 12.112 “-“ designates land uses that are not allowed
A. The use types are defined in Chapter 12.80, Definitions. If a specific land use or activity is not defined, the community and economic development director shall assign the land use or activity to a use type that is substantially similar in character. Use types not listed in the table or not substantially similar to the uses below are prohibited unless the community and economic development director make a written determination that an unlisted proposed use is equivalent to a permitted or conditionally listed use and is either permitted or conditionally permitted if all of the following findings can be made.
1. The use is no greater in density or intensity than other uses in the applicable zoning district;
2. The use is compatible with permitted or conditionally permitted uses in the applicable zoning district;
3. The use is consistent with the purpose and intent of the applicable zoning district and Bayhill Specific Plan;
4. The use is consistent with applicable goals and policies of the General Plan and Bayhill Specific Plan;
5. The use will not be detrimental to the public health, safety, or welfare.
B. When the community and economic development director determines that a proposed use is equivalent to a permitted or conditionally permitted listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards, permits required (including the need for a conditional use permit or any other planning entitlement), and all applicable requirements of the zoning ordinance.
C. Conditional Land Uses.
1. Those land uses specified as conditionally permitted uses in the Bayhill Specific Plan may be permitted subject to approval of a use permit in accordance with Chapter 12.112.
2. Where a use is classified as a “conditional use” under the Bayhill Specific Plan and exists as a permitted use at the effective date of this chapter, it shall be considered a legal and conforming use, without further approval.
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Table 12.290-1: Permitted Land Uses—BayHill Zoning Districts
P DESIGNATES PERMITTED LAND USES
C DESIGNATES CONDITIONAL LAND USES
- DESIGNATES LAND USES THAT ARE NOT ALLOWED
AN ARCHITECTURAL REVIEW PERMIT SHALL BE REQUIRED FOR ANY NEW BUILDINGS OR FOR MAJOR FAÇADE MODIFICATIONS TO ANY EXISTING BUILDINGS, AS REQUIRED IN CHAPTER 12.108.
Districts
Land Uses Bayhill Regional
Office
Bayhill
Neighborhood
Commercial
Bayhill Residential
Overlay
Bayhill Mixed Use
Overlay
Residential
Duplex Homes,
Mobile Home
Parks, Single-
Family Homes
- - - -
Boarding House - - C C
Live/Work - - P P
Multifamily
Homes - - P P
Residential Care
Facilities, Large - - C C
Residential Care
Facilities, Small - - P P
Accessory
Dwelling Units - - P P
Public/Quasi-Public
Cemeteries - - - -
Colleges and
Universities;
Schools; Trade
and Vocational
Schools
C C C C
Community
Facilities,
Private
- - C -
Community
Facilities, Public - - C -
Day Care Center P P P P
Emergency
Shelters - - - -
Home Day Care,
Small and Large - - P P
Hospitals - - - -
Nursing and
Convalescent
Homes
- - - -
Parks and
Recreational
Facilities
P P P P
Places of
Worship - C - C
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Table 12.290-1: Permitted Land Uses—BayHill Zoning Districts
P DESIGNATES PERMITTED LAND USES
C DESIGNATES CONDITIONAL LAND USES
- DESIGNATES LAND USES THAT ARE NOT ALLOWED
AN ARCHITECTURAL REVIEW PERMIT SHALL BE REQUIRED FOR ANY NEW BUILDINGS OR FOR MAJOR FAÇADE MODIFICATIONS TO ANY EXISTING BUILDINGS, AS REQUIRED IN CHAPTER 12.108.
Districts
Land Uses Bayhill Regional
Office
Bayhill
Neighborhood
Commercial
Bayhill Residential
Overlay
Bayhill Mixed Use
Overlay
Public Safety
Facilities P - P -
Public
Maintenance
Facilities
- - - -
Social Services
and Charitable
Institutions
- C - C
Commercial
Adult
Businesses - - - -
Banks and Other
Financials P [1] P P [1] P
Bars, Nightclubs
and Lounges - C [5] - C [5]
Business
Services P [1] P P [1] P
Check Cashing
Establishments - - - -
Commercial
Recreation and
Entertainment
- C - C
Drive-Through
Facilities - - - -
Firearm Dealers - - - -
Health and
Exercise Clubs P [1] P/C [2] P [1] P/C [2]
Hotels and
Motels C C C C
Office P P [4] P P [4]
Personal
Services P [1] P P [1] P
Personal Storage - - - -
Pet Boarding
Overnight - C - C
Pet Day Care
Facility C [1] C C [1] C
Research and
Development P - P -
Restaurants P [1] P [3] P [1] P [3]
Outdoor Dining P [1] P P [1] P
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Table 12.290-1: Permitted Land Uses—BayHill Zoning Districts
P DESIGNATES PERMITTED LAND USES
C DESIGNATES CONDITIONAL LAND USES
- DESIGNATES LAND USES THAT ARE NOT ALLOWED
AN ARCHITECTURAL REVIEW PERMIT SHALL BE REQUIRED FOR ANY NEW BUILDINGS OR FOR MAJOR FAÇADE MODIFICATIONS TO ANY EXISTING BUILDINGS, AS REQUIRED IN CHAPTER 12.108.
Districts
Land Uses Bayhill Regional
Office
Bayhill
Neighborhood
Commercial
Bayhill Residential
Overlay
Bayhill Mixed Use
Overlay
Retail Sales and
Services P [1] P P [1] P
Vehicle Sales
and Rental - - - -
Vehicle Service
Stations - - -
Vehicle Repair
and
Maintenance
- - - -
Industrial Uses
(Construction,
Maintenance
and Repair
services; Heavy
Equipment Sales
and Rental;
Lumberyards;
Manufacturing
and Processing
(Light and
General);
Warehousing,
Wholesaling,
and
Distribution)
- - - -
Transportation, Communication, and Utilities
Alternative
Energy
Structures
C C C C
Ground
Transportation
Provider
- - - -
Parking Lots,
Commercial - - - -
Parking
Structures,
Commercial
- - - -
Recycling
Collection
Facilities
- C - C
Recycling
Processing
Facilities
- - - -
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Table 12.290-1: Permitted Land Uses—BayHill Zoning Districts
P DESIGNATES PERMITTED LAND USES
C DESIGNATES CONDITIONAL LAND USES
- DESIGNATES LAND USES THAT ARE NOT ALLOWED
AN ARCHITECTURAL REVIEW PERMIT SHALL BE REQUIRED FOR ANY NEW BUILDINGS OR FOR MAJOR FAÇADE MODIFICATIONS TO ANY EXISTING BUILDINGS, AS REQUIRED IN CHAPTER 12.108.
Districts
Land Uses Bayhill Regional
Office
Bayhill
Neighborhood
Commercial
Bayhill Residential
Overlay
Bayhill Mixed Use
Overlay
Transportation
Terminals P P P P
Utilities, Major C C C C
Utilities, Minor P P P P
Notes:
[1] Permitted only as an ancillary use to the main office use. [2] Health and exercise clubs less than or equal to 15,000 square feet in total area are permitted. Health and exercise clubs greater than 15,000 square feet in total area require a conditional use permit.
[3] Restaurant uses are allowed by right in the Bayhill Shopping Center. The total combined area for all restaurant uses shall be limited to no more than 30,000 gross square feet. [4] Office uses are allowed by right in the Bayhill Shopping Center. The total combined area for all office uses shall be limited to no more than 30,000 gross square feet. [5] Requires planning commission action.
(Ord. 1903 § 3, 2021)
SECTION 125. Paragraph G of Section 12.290.050 (Allocation of New Development and Transfer of Development) of Chapter 12.290 (Bayhill Specific Plan Districts) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
G. Transfer of Development—Properties with Common Ownership. When the transferring and receiving properties are under common ownership, up to twenty percent of the maximum permitted square footage of a designated Bayhill Regional Office parcel as listed in Bayhill Specific Plan Table 2-2 may be approved by the community and economic development director for transfer to another designated Bayhill Regional Office parcel based on all of the following findings:
1. The total amount of development resulting on the receiving parcel does not exceed 2.0 FAR;
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2. The transfer produces a public benefit, such as increasing the amount of publicly accessible open space or making the construction of housing more feasible on the donating parcel;
3. The additional development on the receiving parcel is consistent with all applicable Bayhill Specific Plan standards and policies; and
4. The owner of both the transferring and the receiving properties are the same.
SECTION 126. Section 12.290.080 of Chapter 12.290 (Bayhill Specific Plan Districts) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.290.080 Architectural review permit.
An architectural review permit shall be required for any new construction buildings or for major façade modifications to any existing buildings, as required in Chapter 12.108. (Ord. 1903 § 3, 2021)
SECTION 127. Section 12.300.020 of Chapter 12.300 (Commercial Cannabis Operations) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
12.300.020 Definitions.
As used in this chapter, the following words and phrases shall have the following meanings, unless otherwise specified:
“Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this division, “cannabis” does not mean “industrial hemp” as defined by Section 11018.5 of the Health and Safety Code. “Cannabis distribution facility” means a business that is authorized to engage in the distribution of cannabis and cannabis products without having a cannabis retailer component. “Cannabis operator” means an interested person who has obtained a commercial cannabis operator permit and has a commercial cannabis operation. “Cannabis products” has the same meaning as in Section 11018.1 of the Health and Safety Code.
“Cannabis retailer” means any establishment which engages in the retail sale of cannabis for adult-use purposes.
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“City manager” means the city manager and/or designee.
“Commercial cannabis activity” includes the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products.
“Commercial cannabis operation” means a cannabis retailer or cannabis distribution facility. “Commercial cannabis operator permit” means a permit issued by the city of San Bruno pursuant to this chapter to a commercial cannabis operation. “Conditional use permit” means a zoning approval issued by the city council pursuant to the zoning code to a commercial cannabis operation.
“Day care center” has the same meaning as set forth in Section 1596.76 of the Health and Safety Code.
“Director” means the director of community and economic development. “Distribution” means the procurement, sale, and transport of cannabis and cannabis products between state licensed cannabis businesses.
“Hazardous materials” include any hazardous substance regulated by any federal, state, or local laws or regulations intended to protect human health or the environment from exposure to such substances.
“Interested persons” means any of the following:
1. Any individual that has an aggregate ownership interest, other than a security interest, lien, or encumbrance, of twenty percent or more in the commercial cannabis operation;
2. Partners, officers, directors, and stockholders of every corporation, limited liability company, or general or limited partnership that owns at least twenty percent of the commercial cannabis operation or that is one of the partners in the commercial cannabis operation;
3. The chief executive officer of a nonprofit or other entity, or a member of the board of directors of a nonprofit; and
4. A manager or an individual who will be participating in the direction, control, or management of the commercial cannabis operation.
“Juvenile” means any natural person who is under the age of eighteen years. “Manager” means a person or persons with responsibility for the establishment, registration, supervision, or oversight of the operation of a commercial cannabis operation, including, but not limited to, a person who performs the functions of a board member, director, officer, owner, operating officer, or manager of the commercial cannabis operation.
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“MAUCRSA” means the Medicinal and Adult Use Cannabis Regulation and Safety Act, codified in Business and Professions Code Section 26000 et seq., as the same may be amended from time to time.
“Park” means a playground or recreational area specifically designed to be used by children which has play equipment installed, including public grounds designed for athletic activities such as baseball, softball, soccer, or basketball or any similar facility located on a public or private school grounds, or on city, county, or state parks. Park does not include small “pocket parks,” such as Posy Park.
“Public library” means a building or room operated by a government entity containing collections of books, periodicals, and sometimes films and recorded music for people to read, borrow, or refer to. A public library may also provide digital or computer resources. “School” means any school providing instruction in kindergarten or any grades 1 through 12, (whether public, private, or charter, including pre-school, transitional kindergarten, and K-12). “Sensitive uses” mean a day care center, public library, park, school or youth center, as defined herein.
“Staff” means a person other than a manager who works or provides services on the site of a commercial cannabis operation, whether as an employee, contractor, or volunteer. “Youth center” has the same meaning as Section 11353.1 of the Health and Safety Code that includes the following:
1. A public or private facility that is primarily used to host recreation or social activities for minors, including, but not limited to:
a. Private youth membership organizations or clubs; b. Social service teenage club facilities;
c. Video arcades where ten or more video games or game machines or devices are operated, and where minors are legally permitted to conduct business; or d. Similar amusement park facilities.
The public or private facility must be used for youth activities at least sixty percent of the time in a calendar year.
2. A youth center shall not include any private martial arts, yoga, ballet, music, art studio or similar studio of this nature nor shall it include any private gym, athletic training facility, pizza parlor, dentist’s office, doctor’s office primarily serving children or a location which is primarily utilized as an administrative office or facility for youth programs or organizations. (Ord. 1930 § 2, 2022)
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SECTION 128. Paragraph A of Section 12.300.040 (Permits and Approvals Required) of Chapter 12.88 (Commercial Cannabis Operations) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:
A. Conditional Use Permit. Every property for which a commercial cannabis operation is proposed to be established, maintained, operated, or conducted in the city shall obtain a conditional use permit pursuant to Chapter 12.112 and 12.300.060.
SECTION 129. California Environmental Quality Act (CEQA). The adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act under Sections 15301(b)(3) and 15378(b)(5), in that it is not a project that has the potential for causing a significant effect on the environment.
SECTION 130. Severability. If any provision, clause, sentence or paragraph of this chapter or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
SECTION 131. Effective Date. The City Clerk shall certify to the adoption of this ordinance and shall cause a summary thereof to be published in a newspaper of general circulation at least five (5) days prior to the meeting at which the proposed ordinance is to be adopted and shall post a certified copy of the proposed ordinance in the office of the City Clerk, and within fifteen (15) days of its adoption, shall cause a summary of it to be published, including the vote for and against the same, and shall post a certified copy of the adopted ordinance in the office of the City Clerk, in accordance with California Government Code Section 36933.
_______________________________
ATTEST: Rico E. Medina, Mayor ______________________________
Lupita Huerta, City Clerk
APPROVED AS TO FORM:
_______________________________
Trisha Ortiz, City Attorney
---oOo---
I, hereby certify that the foregoing Ordinance No. ____ was introduced at a regular meeting of the San Bruno City Council on _________, 2024, and adopted by the San Bruno City Council at a regular meeting on _________, 2024, by the following vote:
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AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
_______________________________
Lupita Huerta, City Clerk
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RESOLUTION NO. 2024 - ___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO REPEALING AND RESCINDING ITS RESOLUTION NO. 1995-29 AND RESOLUTION NO. 2022-20 WHEREAS, on June 26, 1995, the City Council adopted Resolution No. 1995-29 which delegated to the Community Development Director authority for determinations of public convenience and necessity; and
WHEREAS, on February 22, 2022, the City Council adopted Resolution No. 2022-20 establishing mailed notice requirements for certain planning applications; and WHEREAS, on March 12, 2024 at a duly noticed public hearing, the City Council introduced an ordinance entitled “An Ordinance of the City Council of the City of San Bruno Amending Title 12 (Land Use), Article II (Subdivisions) and Article III (Zoning) to Improve Planning Permit Processes and Other Minor Amendments, and Finding Such Actions Exempt from the California Environmental Quality Act (the “Ordinance”), which includes regulations for public convenience and necessity and mailed notice requirements; and WHEREAS, it can be seen with certainty that there is no possibility that the adoption of this Resolution may have a significant effect on the environment, because the Resolution addresses processing of applications and not physical changes to the environment, pursuant to Sections 15301(b)(3) and 15378(b)(5) of the California Environmental Quality Act; and NOW, THEREFORE, BE IT RESOLVED that the City Council repeals and rescinds Resolution No. 1995-29 and Resolution No. 2022-20, effective immediately upon the effective date of the Ordinance.
-o0o-
I, hereby certify that the foregoing Resolution No. 2024 - ___ was introduced and adopted by the San Bruno City Council at a regular meeting on March 12, 2024, by the following vote:
AYES:
NOES:
ABSENT:
Lupita Huerta, City Clerk
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ATTACHMENT 2
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: March 12, 2024
To: Honorable Mayor and Councilmembers
FROM: Alex McIntyre, City Manager
Staff Report By: Ryan Johansen, Chief of Police
SUBJECT: Receive Annual Military Equipment Use Report, Review the Military Equipment Use Ordinance, and Adopt a Resolution Renewing the Military Equipment Use Ordinance Number 1909
BACKGROUND:
On September 30, 2021, California Assembly Bill 481 (AB 481) was signed into law adding California Government Code Sections 7070, 7071, and 7072. The text of AB 481 is attached to this Staff Report for reference.
AB 481 requires a law enforcement agency to obtain the approval of its governing body, through the adoption of a Military Equipment Use Policy, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type of military equipment or amend the military equipment use policy if it determines, based on an Annual Military Equipment Report prepared by the law enforcement agency, that the military equipment does not comply with the above-described standards for approval.
California Government Code Section 7070 provides a list of types of equipment that are to be considered “Military Equipment” for purposes of compliance with AB 481. While the San Bruno Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use, it does possess some types of equipment that are listed in Section 7070. Additionally, the San Bruno Police Department participates in a regional S.W.A.T. team, which possesses and utilizes additional types of equipment that qualify as “Military Equipment” according to the Government Code.
On March 1, 2022, the City Council approved the Military Equipment Use Policy by motion, and introduced the new Ordinance (Chapter 2.52) Regarding Police Department Acquisition and Use of Military Equipment.
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Item 8a.
Honorable Mayor and Members of the City Council
March 12, 2024
On April 26, 2022, the City Council approved the Military Equipment Use Ordinance No. 1909, as codified in Title 2, Chapter 2.52 of the San Bruno Municipal Code.
California Government Code Sections 7071 and 7072 require that the City Council receive an Annual Military Equipment Use Report, review the report for compliance with the Military Equipment Use Ordinance, and vote on whether to renew the ordinance each year.
DISCUSSION:
The Annual Military Equipment Use Report is attached to this Staff Report, and pursuant to AB 481, it includes the following:
•A summary of how the equipment was used and the purpose of its use oAll uses were in compliance with this ordinance
•A summary of any complaints or concerns received concerning the equipment oThere were none
•The results of any internal audits, any information about violations of the Military Equipment Use Policy, and any actions taken in response oNothing to report
•The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the Annual Military Equipment Use Report oSee attached Annual Military Equipment Use Report
•The quantity possessed of each type of equipment
oSee attached Annual Military Equipment Use Report
•If the law enforcement agency intends to acquire additional equipment in the next year, the quantity sought for each type
oNo intention to acquire additional equipment at this time It is chiefly important to note that during the reporting period there were no uses of equipment covered by this ordinance that were not compliant with the Military Equipment Use Ordinance and the Military Equipment Use Policy. The Police Department did not acquire any new military equipment during the reporting period. The Department plans to acquire two (2) new Unmanned Aircraft Systems in the next fiscal year. These two new UAS’s will be better capable of operating indoors, a need that has been clearly identified since the Department’s program began. The Department does it have any plans to acquire any other new military equipment in the next calendar year.
AB 481 prescribes an annual process for reviewing the policy and renewing the ordinance.
Specifically, Government Code Section 7072 requires the Police Department to submit to the City Council an annual military equipment report, and to hold at least one “well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.” Then, to renew Ordinance No. 1909, Government Code Section 7071 requires the City Council to determine, based on the annual military equipment report submitted by the Police Department, whether each type of military equipment identified in that report has complied with the standards for approval. The
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Honorable Mayor and Members of the City Council
March 12, 2024
City Council meeting on March 12, 2024 is intended to satisfy all of the requirements of AB 418, including the community engagement meeting on the report.
FISCAL IMPACT:
There is no fiscal impact.
ENVIRONMENTAL IMPACT:
There is no environmental impact.
RECOMMENDATION:
Staff recommends that City Council receive the Annual Military Equipment Use Report, review the Military Equipment Use Ordinance, and adopt a Resolution renewing the Military Equipment Use Ordinance No. 1909
ALTERNATIVES:
1. Request amendments to the Ordinance
2. Request additional information before renewing the Ordinance ATTACHMENTS:
1. 2023 Annual Military Equipment Use Report
2. San Bruno Military Equipment Use Ordinance No. 1909
3. Text of California Assembly Bill 481 (AB 481)
4. Approved Military Equipment Use Policy
5. Proposed Resolution Renewing the Military Equipment Use Ordinance Number 1909
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2023 San Bruno Police Department Military Equipment Use Report Ryan Johansen
Chief of Police CITY OF SAN BRUNO
POLICE DEPARTMENT
1177 Huntington Avenue, San Bruno, CA 94066-1500
Voice: (650) 616-7100 • Fax: (650) 871-6734
http://sanbruno.ca.gov
P
ursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072 and San Bruno Municipal Code §2.52, this is 2022 Annual Military Equipment Use Report for the San Bruno Police Department. This report has been submitted to the San Bruno City Council, and is publicly available on the Police Department’s internet website.
Th
e San Bruno Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The San Bruno Police Department also has not acquired any equipment through military surplus programs such as the 1033 Program.
C
alifornia Government Code §7070 provides a list of equipment types that are considered to be “military equipment” for purposes of this policy requirement, and this Annual Military Equipment Use Report includes information for any such equipment types that are possessed by the San Bruno Police Department, or reasonably likely to be deployed in San Bruno by its law enforcement partners.
C
alifornia Government Code § 7070(c) defines Military Equipment as any of the following:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. M ine-resistant ambush -protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational co
ntrol and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue 326 of 367
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2 service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
This Annual Military Equipment Use Report includes the following information for each type of military equipment utilized by the San Bruno Police Department:
1. A summary of how the military equipment was used and the purpose of its use
2. A summary of any complaints or concerns received concerning the military equipment
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report
5. The quantity possessed for each type of military equipment
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment The San Bruno City Council uses the Annual Military Equipment Use Report as a mechanism to ensure the San Bruno Police Department’s compliance with its Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.
The remainder this Annual Military Equipment Use Report is divided into two sections. Section One lists qualifying equipment that is owned and/or utilized by the San Bruno Police Department. Section Two lists other qualifying equipment that is not owned or regularly utilized by the San Bruno Police Department, but which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the San Bruno Police Department is a participating agency. While the equipment in Section Two is not purchased, owned, or maintained by the San Bruno Police Department, it could be used in the City of San Bruno if NCR SWAT is deployed, and is therefore included in this report. It is important to note that NCR SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high-risk search and arrest warrants. The equipment NCR SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.
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3 Section One: Qualifying Equipment Owned/Utilized by the San Bruno Police Department
Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned: 6 Quantity Sought: 2
Summary and Purpose of Use: The UAS/Drones were used to enhance the Department’s mission of protecting lives and property when other means and resources were not available or would have been less effective. Uses this reporting period included: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; and legally authorized surveillance.
Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: Approximately $6,900 (Equitable Sharing)
Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned: 78 Quantity Sought: 0
Summary and Purpose of Use: Officers deploy the patrol rifle in circumstances where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When an officer is faced with a situation that may require accurate and effective fire at long range.
3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
There were no instances in which the patrol rifles were fired outside of organized range training classes during this reporting period.
Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0
Equipment Type: Mobile Command Vehicle - CA Gov’t Code §7070(c)(5) Quantity Owned: 1 Quantity Sought: 0
Summary and Purpose of Use: The MCV was deployed to support command operations for planned and emergency incidents
Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $7,000 (IT and Police Budgets)
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4 Equipment Type: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov’t Code §7070(c)(14)
Quantity Owned: 16 Quantity Sought: 0
Summary and Purpose of Use: The 40mm Less Lethal Launchers and Kinetic Energy Munitions were deployed into the field but never fired outside of organized range training classes during this reporting period. These launchers and munitions are intended for use as a less lethal force option.
Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0
Section Two: Qualifying equipment which is not owned/possessed by the San Bruno Police Department, but which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the San Bruno Police Department is a participating agency
Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code §7070(c)(1) Quantity Owned: 2 Drones / 4 Robots (Not owned by
SBPD)
Quantity Sought: 0
Summary and Purpose of Use: Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders. A ground robot was utilized during a barricaded suspect following a felony home invasion incident this year. In that incident the robot was used to obtain visual of the barricaded suspect so that arrest operations could be conducted in as safe a manner as possible.
Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0
Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov’t Code §7070(c)(2) Quantity Owned: 1 (Not owned by SBPD) Quantity Sought: 0 Summary and Purpose of Use: Capable of transporting personnel and equipment while providing them with armored protection from gunfire. There were no uses of this equipment in San Bruno during the reporting period.
Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0
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5 Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov’t Code §7070(c)(3)
Quantity Owned: 1 (Not owned by SBPD) Quantity Sought: 0 Equipment Capabilities: Capable of breaching doors, gates, and other points of entry.
Summary and Purpose of Use: Capable of breaching doors, gates, and other points of entry. There were no uses of this equipment in San Bruno during the reporting period.
Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0
Equipment Type: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Gov’t Code §7070(c)(7)
Quantity Owned: 12 (Not owned by SBPD) Quantity Sought: 0 Summary and Purpose of Use: Capable of breaching doors, gates, windows, and other points of entry. There were no uses of this equipment in San Bruno during the reporting period.
Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0
Equipment Type: AR-15 Style Semiautomatic Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned: 60 (not owned by SBPD) Quantity Sought: 0 Summary and Purpose of Use: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When an officer is faced with a situation that may require accurate and effective fire at long range.
3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
There were no instances in which rifles were fired outside of organized range training classes during this reporting period.
Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0
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6 Equipment Type: Flashbang grenades, explosive breaching tools, tear gas and pepper balls - CA Gov’t Code §7070(c)(12)
Quantity Owned: 20 (Not owned by SBPD) Quantity Sought: 0 Summary and Purpose of Use: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals. Flashbangs were utilized during a barricaded suspect following a felony home invasion incident this year. In that incident the flashbangs were used to distract the barricaded suspect so that arrest operations could be conducted in as safe a manner as possible.
Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0
Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13) Quantity Owned: 1 (Not owned by SBPD) Quantity Sought: 0 Summary and Purpose of Use: Can be used to disperse unlawful crowds (with required notice and compliance times) and/or to disrupt the activities of person(s) who represent an immediate threat to others. There were no uses of this equipment in San Bruno during the reporting period.
Summary of Complaints/Concerns: None received
Audits/Violations of Policy/Actions Taken: None
Total Annual Cost: $0
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ATTACHMENT 2
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Assembly Bill No. 481
CHAPTER 406
An act to add Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, relating to military equipment. [Approved by Governor September 30, 2021. Filed with
Secretary of State September 30, 2021.]
legislative counsel’s digest
AB 481, Chiu. Law enforcement and state agencies: military equipment:
funding, acquisition, and use.
Existing law designates the Department of General Services as the agency for the State of California responsible for distribution of federal surplus personal property, excepting food commodities, and requires the department to, among other things, do all things necessary to the execution of its powers and duties as the state agency for the distribution of federal personal surplus property, excepting food commodities, in accordance with specified federal law. Existing law, the Federal Surplus Property Acquisition Law of 1945, authorizes a local agency, as defined, to acquire surplus federal property without regard to any law which requires posting of notices or advertising for bids, inviting or receiving bids, or delivery of purchases before payment, or which prevents the local agency from bidding on federal surplus property.
Existing federal law authorizes the Department of Defense to transfer surplus personal property, including arms and ammunition, to federal or state agencies for use in law enforcement activities, subject to specified conditions, at no cost to the acquiring agency.
This bill would require a law enforcement agency, defined to include specified entities, to obtain approval of the applicable governing body, by adoption of a military equipment use policy, as specified, by ordinance at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined. The bill would also require similar approval for the continued use of military equipment acquired prior to January 1, 2022. The bill would allow the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. The bill would require the governing body to annually review the ordinance and to either disapprove a renewal of the authorization for a type, as defined, of military equipment or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with the above-described standards for approval. The bill would specify these provisions do not preclude a county or local municipality from implementing 92 STATE OF CALIFORNIA
AUTHENTICATED
ELECTRONIC LEGAL MATERIAL
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ATTACHMENT 3
additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
This bill would also require a state agency, as defined, to create a military equipment use policy before engaging in certain activities, publish the policy on the agenc y’s internet website, and pro vide a cop y of the polic y to the Governor or the Go vernor’s designee, as specified. The bill w ould also require a state agenc y that seeks to continue use of military equipment acquired prior to January 1, 2022, to create a military equipment use policy.
This bill would also include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
By adding to the duties of local officials with respect to the funding, acquisition, and use of military equipment, this bill w ould impose a state-mandated local program.
The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts la ws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose.
This bill would make legislative findings to that effect.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
The people of the State of California do enact as follows:
SECTION 1. The Legislature finds and declares all of the following:
(a) The acquisition of military equipment and its deplo yment in our communities adversely impacts the public’s safety and welf are, including increased risk of civilian deaths, significant risks to civil rights, civil liberties, and physical and psychological well-being, and incurment of significant financial costs. Military equipment is more frequently deplo yed in low-income Black and Brown communities, meaning the risks and impacts of police militarization are e xperienced most acutely in mar ginalized communities.
(b) The public has a right to know about any funding, acquisition, or use of military equipment by state or local go vernment officials, as well as a right to participate in an y government agency’s decision to fund, acquire, or use such equipment.
(c) Decisions regarding whether and how military equipment is funded, acquired, or used should give strong consideration to the public’s welfare, safety, civil rights, and ci vil liberties, and should be based on meaningful public input.
92 — 2 — Ch. 406
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(d) Legally enforceable safe guards, including transparenc y, oversight, and accountability measures, must be in place to protect the public’s welfare, safety, civil rights, and civil liberties before military equipment is funded, acquired, or used.
(e) The lack of a public forum to discuss the acquisition of military equipment jeopardizes the relationship police ha ve with the community , which can be undermined when la w enforcement is seen as an occup ying force rather than a public safety service.
SEC. 2. Chapter 12.8 (commencing with Section 7070) is added to Division 7 of Title 1 of the Government Code, to read:
Chapter 12.8. Funding, Acquisition, and Use of Military Equipment
7070. For purposes of this chapter, the following definitions shall apply:
(a) “Governing body” means the elected body that o versees a la w enforcement agency or, if there is no elected body that directly oversees the law enforcement agency, the appointed body that oversees a law enforcement agency. In the case of a la w enforcement agency of a county, including a sheriff’s department or a district attorney’s office, “governing body” means the board of supervisors of the county.
(b) “Law enforcement agency” means any of the following:
(1) A police department, including the police department of a transit agency, school district, or an y campus of the University of California, the California State University, or California Community Colleges. (2) A sheriff’s department.
(3) A district attorney’s office.
(4) A county probation department.
(c) “Military equipment” means the following:
(1) Unmanned, remotely piloted, powered aerial or ground vehicles. (2) Mine-resistant amb ush-protected (MRAP) v ehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
(3) High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humv ees, two and one-half-ton trucks, fiv e-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain v ehicles (A TVs) and motorized dirt bik es are specifically excluded from this subdivision.
(4) Tracked armored v ehicles that pro vide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion. (5) Command and control v ehicles that are either b uilt or modified to facilitate the operational control and direction of public safety units. (6) Weaponized aircraft, vessels, or vehicles of any kind. (7) Battering rams, slugs, and breaching apparatuses that are e xplosive in nature. However, items designed to remove a lock, such as bolt cutters, 92 Ch. 406 — 3 —
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or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
(8) Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
(9) Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision. (10) Specialized firearms and ammunition of less than .50 caliber , including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the e xception of standard issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency. (11) Any firearm or firearm accessory that is designed to launch explosive projectiles.
(12) “Flashbang” grenades and e xplosive breaching tools, “tear g as,” and “pepper balls, ” e xcluding standard, service-issued handheld pepper spray.
(13) Taser Shockw ave, micro wave weapons, w ater cannons, and the Long Range Acoustic Device (LRAD).
(14) The follo wing projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag, ” rubber b ullet, and specialty impact munition (SIM) weapons.
(15) Any other equipment as determined by a governing body or a state agency to require additional oversight.
(16) Notwithstanding paragraphs (1) through (15), “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
(d) “Military equipment use policy” means a publicly released, written document governing the use of military equipment by a la w enforcement agency or a state agency that addresses, at a minimum, all of the following:
(1) A description of each type of military equipment, the quantity sought, its capabilities, e xpected lifespan, and product descriptions from the manufacturer of the military equipment.
(2) The purposes and authorized uses for which the la w enforcement agency or the state agency proposes to use each type of military equipment. (3) The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
(4) The legal and procedural rules that govern each authorized use. (5) The training, including an y course required by the Commission on Peace Officer Standards and Training, that must be completed before an y officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
(6) The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight 92 — 4 — Ch. 406
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authority, and, if applicable, what le gally enforceable sanctions are put in place for violations of the policy.
(7) For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and ho w the la w enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
(e) “State agency” means the la w enforcement di vision of e very state office, officer, department, division, bureau, board, and commission or other state body or agenc y, e xcept those agencies pro vided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution. (f) “Type” means each item that shares the same manuf acturer model number.
7071. (a) (1) A law enforcement agency shall obtain appro val of the governing body, by an ordinance adopting a military equipment use policy at a re gular meeting of the go verning body held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of P art 1 of Di vision 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of P art 1 of Division 2 of Title 5), as applicable, prior to eng aging in an y of the following:
(A) Requesting military equipment made a vailable pursuant to Section 2576a of Title 10 of the United States Code.
(B) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting pri vate, local, state, or federal funds, in-kind donations, or other donations or transfers. (C) Acquiring military equipment either permanently or temporarily , including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(E) Using any new or e xisting military equipment for a purpose, in a manner, or by a person not pre viously approved by the go verning body pursuant to this chapter.
(F) Soliciting or responding to a proposal for , or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment. (G) Acquiring military equipment through an y means not pro vided by this paragraph.
(2) No later than May 1, 2022, a la w enforcement agenc y seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall commence a governing body approval process in accordance with this section. If the go verning body does not appro ve the continuing use of military equipment, including by adoption pursuant to this subdivision of a military equipment use polic y submitted pursuant to subdi vision (b), within 180 days of submission of the proposed military equipment use policy to the go verning body, the la w enforcement agenc y shall cease its use of 92 Ch. 406 — 5 —
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the military equipment until it receives the approval of the governing body in accordance with this section.
(b) In seeking the approval of the governing body pursuant to subdivision (a), a law enforcement agency shall submit a proposed military equipment use policy to the governing body and mak e those documents available on the law enforcement agency’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue. (c) The governing body shall consider a proposed military equipment use policy as an agenda item for an open session of a re gular meeting and provide for public comment in accordance with the Bagle y-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Di vision 3 of Title 2) or the Ralph M. Bro wn Act (Chapter 9 (commencing with Section 54950) of P art 1 of Di vision 2 of Title 5), as applicable.
(d) (1) The governing body shall only approve a military equipment use policy pursuant to this chapter if it determines all of the following:
(A) The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety. (B) The proposed military equipment use polic y will safe guard the public’s welfare, safety, civil rights, and civil liberties. (C) If purchasing the equipment, the equipment is reasonably cost effective compared to a vailable alternati ves that can achie ve the same objective of officer and civilian safety.
(D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance. (2) In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the relevant law enforcement agency for as long as the military equipment is available for use.
(e) (1) The governing body shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and, subject to paragraph (2), vote on whether to rene w the ordinance at a re gular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of P art 1 of Di vision 3 of Title 2) or the Ralph M.
Brown Act (Chapter 9 (commencing with Section 54950) of P art 1 of Division 2 of Title 5), as applicable.
(2) The governing body shall determine, based on the annual military equipment report submitted pursuant to Section 7072, whether each type of military equipment identified in that report has complied with the standards for appro val set forth in subdi vision (d). If the go verning body determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval set forth in subdivision (d), the governing body shall either disapprove a renewal of the authorization for that type of military equipment or require modifications 92 — 6 — Ch. 406
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to the military equipment use policy in a manner that will resolve the lack of compliance.
(f) Notwithstanding subdivisions (a) to (e), inclusive, if a city contracts with another entity for la w enforcement services, the city shall ha ve the authority to adopt a military equipment use policy based on local community needs.
7072. (a) A law enforcement agency that receives approval for a military equipment use policy pursuant to Section 7071 shall submit to the governing body an annual military equipment report for each type of military equipment approved by the governing body within one year of approval, and annually thereafter for as long as the military equipment is available for use. The law enforcement agency shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use. The annual military equipment report shall, at a minimum, include the follo wing information for the immediately preceding calendar year for each type of military equipment:
(1) A summary of how the military equipment was used and the purpose of its use.
(2) A summary of any complaints or concerns recei ved concerning the military equipment.
(3) The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response. (4) The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year follo wing submission of the annual military equipment report.
(5) The quantity possessed for each type of military equipment. (6) If the law enforcement agency intends to acquire additional military equipment in the ne xt year, the quantity sought for each type of military equipment.
(b) Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the law enforcement agency shall hold at least one well-publicized and con veniently located community engagement meeting, at which the general public may discuss and ask questions re garding the annual military equipment report and the la w enforcement agency’s funding, acquisition, or use of military equipment. 7073. (a) A state agency shall create a military equipment use polic y prior to engaging in any of the following:
(1) Requesting military equipment made a vailable pursuant to Section 2576a of Title 10 of the United States Code.
(2) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting pri vate, local, state, or federal funds, in-kind donations, or other donations or transfers. (3) Acquiring military equipment either permanently or temporarily , including by borrowing or leasing.
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(4) Collaborating with a law enforcement agency or another state agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
(5) Using any new or e xisting military equipment for a purpose, in a manner, or by a person not pre viously approved by the go verning body pursuant to this chapter.
(6) Soliciting or responding to a proposal for , or entering into an agreement with, any other person or entity to seek funds for, or to apply to receive, acquire, use, or collaborate in the use of, military equipment. (7) Acquiring military equipment through an y means not pro vided by this subdivision.
(b) No later than May 1, 2022, a state agency seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, shall create a military equipment use policy.
(c) A state agenc y that is required to create a military equipment use policy pursuant to this section shall do both of the follo wing within 180 days of completing the policy:
(1) Publish the military equipment use polic y on the agenc y’s internet website.
(2) Provide a copy of the military equipment use policy to the Governor or the Governor’s designee.
7074. The Legislature finds and declares that ensuring adequate oversight of the acquisition and use of military equipment is a matter of state wide concern rather than a municipal af fair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this chapter applies to all cities, including charter cities and shall supersede an y inconsistent provisions in the charter of any city, county, or city and county. 7075. Nothing in this chapter shall preclude a county or local municipality from implementing additional requirements and standards related to the purchase, use, and reporting of military equipment by local law enforcement agencies.
SEC. 3. The Legislature finds and declares that Section 1 of this act, which adds Chapter 12.8 (commencing with Section 7070) to Division 7 of Title 1 of the Government Code, furthers, within the meaning of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the purposes of that constitutional section as it relates to the right of public access to the meetings of local public bodies or the writings of local public officials and local agencies. Pursuant to paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution, the Legislature makes the following findings:
Requiring local agencies to hold public meetings prior to the acquisition of military equipment further e xposes that activity to public scrutin y and enhances public access to information concerning the conduct of the people’s business.
SEC. 4. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agenc y or school district under this act w ould 92 — 8 — Ch. 406
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result from a legislative mandate that is within the scope of paragraph (7) of subdivision (b) of Section 3 of Article I of the California Constitution.
O
92 Ch. 406 — 9 —
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Ryan Johansen
Chief of Police CITY OF SAN BRUNO
POLICE DEPARTMENT
1177 Huntington Avenue, San Bruno, CA 94066-1500
Voice: (650) 616-7100 • Fax: (650) 871-6734
http://sanbruno.ca.gov
2024 San Bruno Police Department Military Equipment Use Report P
ursuant to California Government Code §7070(d)(6), and in accordance with California Government Code §7072 and San Bruno Municipal Code §2.52, this is 2022 Annual Military Equipment Use Report for the San Bruno Police Department. This report has been submitted to the San Bruno City Council, and is publicly available on the Police Department’s internet website.
Th
e San Bruno Police Department does not possess any tactical equipment that it has obtained from the military, nor does it possess any equipment that was designed for military use. The San Bruno Police Department also has not acquired any equipment through military surplus programs such as the 1033 Program.
C
alifornia Government Code §7070 provides a list of equipment types that are considered to be “military equipment” for purposes of this policy requirement, and this Annual Military Equipment Use Report includes information for any such equipment types that are possessed by the San Bruno Police Department, or reasonably likely to be deployed in San Bruno by its law enforcement partners.
C
alifornia Government Code § 7070(c) defines Military Equipment as any of the following:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subdivision.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subdivision.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational co
ntrol and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.
8. Firearms of .50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.
9. Ammunition of .50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard issue 347 of 367
ATTACHMENT 4
service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag," rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
This Annual Military Equipment Use Report includes the following information for each type of military equipment utilized by the San Bruno Police Department:
1. A summary of how the military equipment was used and the purpose of its use
2. A summary of any complaints or concerns received concerning the military equipment
3. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response
4. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report
5. The quantity possessed for each type of military equipment
6. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment The San Bruno City Council uses the Annual Military Equipment Use Report as a mechanism to ensure the San Bruno Police Department’s compliance with its Military Equipment Use Policy, and to help it determine whether to approve, revise, or revoke components of the Military Equipment Use Policy for the subsequent year.
Pursuant to California Government Code §7070(d)(7), members of the public may register complaints or concerns or submit questions about the use of each specific type of Military Equipment in this policy by any of the following means:
1. Via email to: [email protected]
2. Via phone call to: (650) 616-7100
3. Via mail sent to: San Bruno Police Department
Attn: Military Equipment Use Coordinator
1177 Huntington Avenue
San Bruno, CA 94066
The San Bruno Police Department is committed to responding to complaints, concerns and/or questions received through any of the above methods in a timely manner.
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The remainder this Military Equipment Use Policy is divided into two sections. Section One lists qualifying equipment that is owned and/or utilized by the San Bruno Police Department. Section Two lists qualifying equipment not previously listed in this policy, that is not owned or regularly utilized by the San Bruno Police Department, but which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the San Bruno Police Department is a participating agency. While the equipment in Section Two is not purchased, owned, or maintained by the San Bruno Police Department, it could be used in the City of San Bruno if NCR SWAT is deployed, and is therefore included in this Military Equipment Use Policy. It is important to note that NCR SWAT is generally only deployed in extreme circumstances such as active shooter incidents, hostage situations, and the execution of high- risk search and arrest warrants. The equipment NCR SWAT possesses is rarely deployed but could prove essential to emergency operations when needed.
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Section One: Qualifying Equipment Owned/Utilized by the San Bruno Police Department
Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 1 owned Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicle capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.
Manufacturer Product Description:
Matrice 210: The DJI Matrice 210 is a powerful, industrial-grade fight platform with world-class agility and speed, two barometers, and redundant IMUs for maximum reliability, and new smart flight features that make capturing complex shots easy. The aircraft’s visual sensors enable enhanced hovering precision even when flying indoors or in environments where GNSS is unavailable. The drone’s new airframe design gives it an IP43 Ingress Protection Rating, in accordance with the global IEC 60529 standard. The M210/M210 RTK’s mechanical design, along with quick release landing gears and mounted folding arms, makes it easy to transport, store, and prepare for flight.
Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective.
Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.
Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $40,000 which was funded with Equitable Sharing Asset Forfeiture Funds. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $15,000 per year total, for this and the other two UAS/Drones combined.
Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.
Other Notes: None.
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Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 2 owned Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.
Manufacturer Product Description:
Mavic II Enterprise: The DJI Mavic II Enterprise features omnidirectional Vision Systems and Infrared Sensing Systems and comes with a fully stabilized 3-axis gimbal camera with an equivalent 24-48 mm 2x optical enterprise lens capable of shooting 4k videos and 12 megapixel photos that support up to 6x FHD zoom. DJI signature tecUologies such as Obstacle Sensing and the Advanced Pilot Assistance System, help you capture complex shots effortlessly. Additional features like the built in AirSense make you aware of your surrounding airspace, and password protection helps you maintain secure access to your aircraft and protect your data. The Mavic II Enterprise also has attachable modular accessories like the M2E spotlight, M2E Beacon, and M2E Speaker that are purpose built for various applications. The Mavic II Enterprise boasts a maximum flight speed of 44.7 mph and a maximum flight time of 31 minutes.
Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective.
Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.
Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $30,000 which was funded with Equitable Sharing Asset Forfeiture Funds. Ongoing cost associated with UAS operation and maintenance is estimated to be approximately $15,000 per year total, for this and the other two UAS/Drones combined.
Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.
Other Notes: None.
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Equipment Type: Unmanned Aircraft Systems (UAS/Drones) – CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 2 sought Lifespan: Approximately 5 years Equipment Capabilities: Remotely piloted aerial vehicles capable of providing live and recorded video images captured from aerial positions, including images enhanced by Forward Looking Infrared (FLIR) and optical zoom lenses.
Manufacturer Product Description:
DJI FPV consists of an aircraft, goggles, and remote controller, which all feature DJI’s O3 technology that provides video transmission with a maximum transmission range of 6 mi (10 km), bit rate of up to 50 Mbps, and minimum end-to-end latency within 28 ms. DJI FPV works at both 2.4 and 5.8 GHz and is capable of selecting the best transmission channel automatically. The enhanced anti-interference ability greatly improves the smoothness and stability of the video transmission, providing an integrated and immersive flight experience. Featuring a Forward and Downward Vision System and Infrared Sensing System, the aircraft can hover and fly indoors as well as outdoors and automatically initiate Return to Home (RTH). With a gimbal and 1/2.3” sensor camera, the aircraft stably shoots 4K 60fps ultra-HD video and 4K photos. The aircraft has a maximum flight speed of 87 mph (140 kph) and a maximum flight time of approximately 20 minutes. The DJI FPV Goggles V2 are equipped with a high-performance display and support 810p 120fps HD display and real-time audio transmission. By receiving the video signal from the aircraft, users can enjoy a first-person view of their aerial experience in real time. The goggles have a maximum runtime of approximately 1 hour and 50 minutes when used with DJI FPV Goggles Battery and where the ambient temperature is 25° C and the screen brightness is set to 6. The DJI FPV Remote Controller 2 is equipped with a range of function buttons, which can be used to control the aircraft and operate the camera. The maximum runtime of the remote controller is approximately 9 hours.
Purpose/Authorized Uses: UAS/Drones may be utilized to enhance the Department’s mission of protecting lives and property when other means and resources are not available or are less effective.
Uses may include but are not limited to: search and rescue; suspect apprehension; crime scene documentation; tactical operations; scene security; hazard monitoring, identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.
Fiscal Impacts: The initial costs of equipment, licensing, software and training was approximately $12,000 which can be funded out of the recurring drone program support funds populated by Equitable Sharing Asset Forfeiture Funds. Ongoing cost can also be absorbed by this existing funding source.
Legal/Procedural Rules Governing Use: Any use of a UAS will be in strict accordance with constitutional and privacy rights and Federal Aviation Administration (FAA) regulations. The use of the UAS potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to FAA altitude regulations and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure). Operators and observers shall take reasonable precautions to avoid inadvertently recording or transmitting images of areas where there is a reasonable expectation of privacy. Reasonable precautions can include, for example, deactivating or turning imaging devices away from such areas or persons during UAS operations.
Training Required: Prior to piloting any UAS/Drone staff members must secure an FAA Remote Pilot License and complete all training required by our FAA COA.
Other Notes: None.
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Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 18 owned Lifespan: Approximately 15 years Equipment Capabilities: The Colt AR15A3 semiautomatic rifle is capable of firing 5.56mm projectile bullet.
Manufacturer Product Description: The Colt AR15A3 features a gas operated semi-auto firing system chambered in 223 Remington/5.56 NATO with a barrel length of 16.1". The rifle is outfitted with carbine length Magpul railed forend
Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When an officer is faced with a situation that may require accurate and effective fire at long range.
3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: The initial cost of equipment was approximately $33,282. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Bruno Police Department Policies on Use of Force and Firearms.
Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.
Other Notes: These rifles are already well beyond their serviceable lifespan and are in the process of being replaced by the Daniels Defense rifles listed later in this policy. Until we receive shipment of the new rifles, we will continue to use these.
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Equipment Name: 5.56mm Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 7 owned Lifespan: Approximately 15 years Equipment Capabilities: The Colt M4 semiautomatic rifle is capable of firing 5.56mm projectile bullet.
Manufacturer Product Description: The Colt M4 Magpul Carbine features a gas operated semi-auto firing system chambered in 223 Remington/5.56 NATO with a barrel length of 16.1". The rifle is outfitted with carbine length Magpul MOE stock and railed forend Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When an officer is faced with a situation that may require accurate and effective fire at long range.
3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: The initial cost of equipment was approximately $12,943. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Bruno Police Department Policies on Use of Force and Firearms.
Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.
Other Notes: These rifles are already well beyond their serviceable lifespan and are in the process of being replaced by the Daniels Defense rifles listed later in this policy. Until we receive shipment of the new rifles, we will continue to use these.
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Equipment Type: Semiautomatic Rifles and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 53 owned Lifespan: Approximately 15 years Equipment Capabilities: The Daniel Defense MK18 semiautomatic rifle is capable of firing 5.56mm projectile bullet.
Manufacturer Product Description: The Daniel Defense MK18 features the railed forend Daniel Defense currently provides to USSOCOM, and a 10.3” Cold Hammer Forged Barrel. The MK18 rail system features the patented bolt-up attachment system and has been rigorously tested prior to fielding by USSOCOM. The MK18 SBR by Daniel Defense is unmatched in size, weight, and performance.
Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When an officer is faced with a situation that may require accurate and effective fire at long range.
3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: The initial cost of equipment was approximately $168,000. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Bruno Police Department Policies on Use of Force and Firearms.
Training Required: Officers must successfully complete a CA POST certified 24-hour patrol rifle course as well as regular department firearms training and qualifications as required by law and policy.
Other Notes: These rifles are standard issue service weapons for our officers and therefor exempted from this Military Equipment Use Policy per CA Gov’t Code §7070 (c)(10). They have been included in this document in an abundance of caution and in the interest of transparency. We have not yest received shipment of these recently purchased rifles, but we are expecting to do so in May 2022, and which point these rifles will replace the two types of Colt rifles previously listed in this policy.
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Equipment Type: Semiautomatic Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years Equipment Capabilities: The Bushmaster AR-10 Sniper Rifle is capable of firing a 7.62mm projectile bullet.
Manufacturer Product Description: Bushmaster MOE 308 Semi-automatic .308 Winchester/7.62 NATO AR-10 Rifle.
1. 16" heavy profile barrel
2. Magpul MOE Hand Guard, accepts rail sections (carbine, mid-length or rifle-length)
3. Magpul MBUS rear flip sight
4. Magpul MOE pistol grip, accepts MIAD storage cores
5. Magpul MOE vertical grip
6. Magpul enhanced trigger guard
7. Magpul MOE adjustable stock with strong A-design and rubber butt pad
8. Mid-length gas system for smoother recoil
Purpose/Authorized Uses: This rifle is authorized for use by a Sniper-trained, SWAT Operator only and may be deployed in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When the officer is faced with a situation that may require accurate and effective fire at long range.
3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: This equipment was donated to the San Bruno Police Department at no cost. The ongoing costs for ammunition will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Bruno Police Department Policies on Use of Force and Firearms.
Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT Snipers must successfully complete a CA POST certified sniper course as well as regular SWAT Sniper training and qualifications as required by law and policy.
Other Notes: The San Bruno Police Department does not presently have a SWAT Sniper among its staff, so there are no San Bruno Police personnel presently authorized to use this Military Equipment.
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Equipment Type: Mobile Command Vehicle - CA Gov’t Code §7070(c)(5) Quantity Owned/Sought: 1 owned Lifespan: Approximately 15 years Equipment Capabilities: The Mobile Command Vehicle (MCV) provides mobile, remote access to radio, internet, planning and other resources to assist with management of major incidents and planned operations.
Manufacturer Product Description: Not applicable as this unit is custom built onto an ambulance vehicle platform.
Purpose/Authorized Uses: The MCV can be deployed anytime first responders determine that it would be beneficial to operations being conducted.
Fiscal Impacts: The initial cost of this unit, outfitting, and all peripheral equipment was approximately $350,000, which was funded by a grant from the San Bruno Community Foundation and Google/YouTube. Ongoing costs to maintain the MCV and replace failing equipment is approximately $5,000/year.
Legal/Procedural Rules Governing Use: Not applicable.
Training Required: Not applicable.
Other Notes: The MCV is not a tactical vehicle, meaning that it is not armored in any way and does not include any weapon elements. The MCV is simply an ambulance reconfigured with radios, computers, smart screens and other peripherals to facilitate field command.
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Equipment Type: 40mm Less Lethal Launchers and Kinetic Energy Munitions - CA Gov’t Code §7070(c)(14)
Quantity Owned/Sought: 16 owned Lifespan: Approximately 15 years Equipment Capabilities: The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions, which are essentially rubber projectiles.
Manufacturer Product Description: Penn Arms 40MM launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum and DuPont super tough glass filled nylon.
These launchers are light weight, versatile and used worldwide by police and corrections officers. The 40MM launcher family of products is available in single-shot, spring-advance multi, and pump- advance multi-versions.
Purpose/Authorized Uses: The 40mm Less Lethal Launchers and Kinetic Energy Munitions are intended for use as a less lethal use of force option.
Fiscal Impacts: The initial cost of this equipment was approximately $26,000. The ongoing costs for munitions will vary and maintenance is conducted by departmental staff.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Bruno Police Department Policies on Use of Force and Crowd Control.
Training Required: Officers must complete a department certified 40mm course as well as regular training and qualifications as required by law and policy.
Other Notes: None.
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Section Two: Qualifying equipment not already listed in this policy, which is known to be owned and/or utilized by the North County Regional SWAT Team, for which the San Bruno Police Department is a participating agency
Equipment Type: Unmanned, remotely piloted, powered ground vehicles - CA Gov’t Code §7070(c)(1) Quantity Owned/Sought: 2 Drones / 4 Robots (Not
owned by SBPD)
Lifespan: Approximately 15 years
Equipment Capabilities: Vehicles are capable of being remotely navigated to provide scene information and intelligence in the form of video and still images transmitted to first responders.
Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.
Purpose/Authorized Uses: To enhance the safety of potentially dangerous situations by providing first responders with the ability to capture video and still images of hazardous areas prior to, or in lieu of, sending in personnel.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: The use of unmanned, remotely piloted, powered ground vehicles potentially involves privacy considerations. Absent a warrant or exigent circumstances, operators and observers shall adhere to all applicable privacy laws and shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy (e.g., residence, yard, enclosure).
Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to pilot these vehicles.
Other Notes: None.
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Equipment Type: Mine Resistant Ambush Protected Vehicles (MRAP) - CA Gov’t Code §7070(c)(2) Quantity Owned/Sought: 1 (Not owned by SBPD) Lifespan: Unknown Equipment Capabilities: Capable of transporting personnel and equipment while providing them with armored protection from gunfire.
Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.
Purpose/Authorized Uses: To move personnel and/or resources in support of tactical operations in which there is reason to expect potential armed resistance requiring protection.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: The MRAP can be deployed any time tactical operators determine that there is a need to move personnel and/or resources into areas in which they have reason to expect potential armed resistance requiring its protection.
Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive MRAP vehicles.
Other Notes: None.
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Equipment Type: Wheeled vehicles that have a breaching apparatus attached - CA Gov’t Code §7070(c)(3)
Quantity Owned/Sought: 1 (Not owned by SBPD) Lifespan: Unknown.
Equipment Capabilities: Capable of breaching doors, gates, and other points of entry.
Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.
Purpose/Authorized Uses: Breaching doors, gates, and other points of entry.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Breaching vehicles can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.
Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to drive breaching vehicles.
Other Notes: None.
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Equipment Type: Battering rams, slugs, and breaching apparatus that are explosive in nature - CA Gov’t Code §7070(c)(7)
Quantity Owned/Sought: 0 (Not owned by SBPD) Lifespan: Unknown.
Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry.
Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.
Purpose/Authorized Uses: Breaching doors, gates, windows, and other points of entry.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances.
Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use explosive breaching apparatus.
Other Notes: None.
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Equipment Type: AR-15 Style Semiautomatic Rifle and Ammunition - CA Gov’t Code §7070(c)(10) Quantity Owned/Sought: 60 (not owned by SBPD) Lifespan: Approximately 15 years Equipment Capabilities: The AR15 style firearm can fire a .223, .556, .308 or .300 caliber projectile accurately at over 100 yards.
Manufacturer Product Description: The AR15 style firearm features M-LOK attachment technology with the Daniel Defense MFR 15.0 rail. Built around a Cold Hammer Forged, 16 inch barrel, the V7 has a DD improved Flash Suppressor to reduce flash signature. The mid-length gas system provides smooth and reliable cycling under any condition and reduces both perceived recoil and wear on moving parts. With the M-LOK attachment points that run along 7 positions and an uninterrupted 1913 Picatinny rail on top, the V7 has plenty of room for the sights, optics, and accessories the user may require. The independently ambi GRIP-N-RIP Charging Handle accommodates left- and right- handed shooters. This rifle also comes with the ergonomic Daniel Defense Buttstock and Pistol Grip.
Purpose/Authorized Uses: Officers may deploy the patrol rifle in any circumstance where the officer can articulate a reasonable expectation that the rifle may be needed. Examples of some general guidelines for deploying the patrol rifle may include but are not limited to:
1. Situations where the officer reasonably anticipates an armed encounter.
2. When an officer is faced with a situation that may require accurate and effective fire at long range.
3. Situations where an officer reasonably expects the need to meet or exceed a suspect's firepower.
4. When an officer reasonably believes that there may be a need to fire on a barricaded person or a person with a hostage.
5. When an officer reasonably believes that a suspect may be wearing body armor.
6. When authorized or requested by a supervisor.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: All applicable State, Federal and Local laws governing police use of force. Various San Bruno Police Department Policies on Use of Force and Firearms.
Training Required: In addition to patrol rifle and standard SWAT Operator training, SWAT Operators must successfully complete a CA POST certified SWAT course as well as regular SWAT training and qualifications as required by law and policy.
Other Notes: None.
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Equipment Type: Flashbang grenades, explosive breaching tools, tear gas and pepper balls - CA Gov’t Code §7070(c)(12)
Quantity Owned/Sought: 20 (Not owned by SBPD) Lifespan: Unknown.
Equipment Capabilities: Capable of breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemical.
Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.
Purpose/Authorized Uses: breaching doors, gates, windows, and other points of entry, creating explosive distractions, and/or deploying tear gas or pepper chemicals.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: Breaching apparatus that are explosive in nature can be deployed any time tactical operators determine that it is necessary to complete a lawful breaching, and non-explosive breaching methods are not tactically practicable. For a breaching to be lawful, it will generally need to be supported by a search or arrest warrant, or exigent circumstances. Tear gas and pepper balls can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.
Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.
Other Notes: None.
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Equipment Type: Long Range Acoustic Device (LRAD) - CA Gov’t Code §7070(c)(13) Quantity Owned/Sought: 1 (Not owned by SBPD) Lifespan: Unknown.
Equipment Capabilities: LRAD systems are a type of Acoustic Hailing Device (AHD) used to send messages over long distances. LRAD systems produce much higher sound levels (volume) than normal loudspeakers or megaphones. Over shorter distances, LRAD signals are loud enough to cause pain in the ears of people in their path.
Manufacturer Product Description: Unavailable as this equipment is not owned by the San Bruno Police Department.
Purpose/Authorized Uses: Can be used to disperse unlawful crowds (with required notice and compliance times) and/or to disrupt the activities of person(s) who represent an immediate threat to others.
Fiscal Impacts: None. Equipment owned, maintained, and operated by another agency.
Legal/Procedural Rules Governing Use: LRADs can only be deployed in accordance with all applicable State, Federal and Local laws governing police use of force, crowd control, etc.
Training Required: The North County Regional SWAT Team provides internal training for staff members prior to allowing them to use any of these items.
Other Notes: None.
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RESOLUTION NO. 2024 - __
R
ESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO RENEWING THE MILITARY EQUIPMENT USE ORDINANCE NO. 2022-1910
W
HEREAS, in April 2022, the San Bruno City Council Adopted the Military Equipment Use Ordinance No. 2022-1910, pursuant to California Assembly Bill 481 (AB 481); and W
HEREAS, AB 481 requires that City Council receive an Annual Military Equipment Use Report (the “Report”), review the Report for compliance with Ordinance No. 2022-1910, and vote on whether to renew the ordinance each year; and W
HEREAS, the San Bruno Police Department’s military equipment policy has been posted on the Police Department’s website continuously since April 2022; and W
HEREAS, the San Bruno City Council has received and reviewed the Report, and Ordinance No. 2022-1910; and
W
HEREAS, during the City Council meeting on March 12, 2024, the San Bruno Police Department provided an opportunity for public to provide feedback and ask questions about the Report and Ordinance No. 2022-1910; and
W
HEREAS, the Chief of Police has indicated compliance with the Military Equipment Use Ordinance No. 2022-1910 throughout 2023; and
W
HEREAS, the City Council has reviewed the Report and Ordinance No. 2022-1910; and
N
OW, THEREFORE, BE IT RESOLVED that the City Council hereby determines, based on the Report and in accordance with California Government Code Section 7071 (d), that:
(A) T
he military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety, (
B) T
he military equipment use policy safeguards the public’s welfare, safety, civil rights, and civil liberties,
(
C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety,
(
D) Prior military equipment use complied with the military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance: and
AND B
E IT FURTHER RESOLVED that the military equipment use policy is updated to include two (2) additional Unmanned Aircraft Systems (UAS).
AND BE
IT FURTHER RESOLVED that the City Council hereby renews the Military Equipment Use Ordinance No. 2022-1910.
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ATTACHMENT 5
I, the undersigned hereby certify that the foregoing Resolution No. 2024 – ___ was duly adopted by the San Bruno City Council at a regular meeting on March 12, 2024, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ATTEST:
_________________________________
Lupita Huerta
City Clerk
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