Agenda, third session — San Bruno City Council, March 12, 2024 (part 1 of 2)

"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
March 12, 2024
7:00 PM
City Councilmembers and members of the public may attend in person at the San Bruno Senior Center, or by teleconference, via Zoom or telephone.

IN PERSON* MEETING LOCATION
San Bruno Senior Center
1555 Crystal Springs Road
San Bruno, CA 94066
*Please turn off all electronic devices before the start of the meeting to prevent disruptions*
Zoom Link
https://sanbrunocagov.zoom.us/j/87572533210?pwd=Hu
8X8JzR_InxFkenXYvCBL_jkQ.2VCujS26cIWhByfl
Phone Line: 16465588656
Webinar ID: 875 7253 3210
Webinar Password: 443603
*Teleconference broadcasting is offered in the meeting via Zoom as a courtesy to the public.
**No public comment accepted via Zoom.

PUBLIC COMMENT: In person attendees who want to provide public comment, will be asked to fill out a speaker card and turn it into the City Clerk. Public comment may also be emailed to [email protected] . Comments received via email will not be read
aloud during the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or modifications to participate in this meeting should contact the City Clerk’s Office 48 hours prior to the meeting at (650) 6167061 or [email protected] .
*Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the City to at least a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at the City Clerk's Office at City Hall located at 567 El Camino Real, San Bruno, California during normal business hours. In addition, the City may also post such documents on the City’s Website at sanbruno.ca.gov/AgendaCenter .

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed up to three minutes, subject to the Mayor’s discretion based on the anticipated length in the meeting. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

5. ANNOUNCEMENTS/PRESENTATIONS
There will be a single public comment period for all items in this section a. The Annual Spring Egg Hunt and Pancake Breakfast Is Scheduled for March 23, 2024, beginning at 9:00 am. Visit sanbruno.ca.gov/activityguide for More Information on This Event and Other Recreation Programming

6. CONSENT CALENDAR
All items are considered routine or implement an earlier Council action and may be enacted by one motion; there will be no separate discussion, unless requested. There will be a single public comment period for all items in this section unless a Councilmember requests to pull an item for a separate vote. a. Approve the Draft Regular Meeting Minutes for the Meetings of January 9, 2024 and January 23, 2024
b. Approve Accounts Payable for February 26, 2024 and March 4, 2024 c. Accept Payroll for February 25, 2024
d. Receive the 2023 Housing Element Annual Progress Report and Authorize Transmittal to the California Department of Housing and Community Development and Governor’s Office of Planning and Research
e. Consider Adoption of a Resolution:
• Accepting the Transit Corridor Pedestrian Connection Improvements Phase IV Project at San Bruno Avenue and Green Avenue as Complete;
• Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office; and
• Authorizing the Release of the Construction Contract Retention in the Amount of $20,599.68 f. Consider Adoption of a Resolution Opposing Initiative No. 210042A1, the Taxpayer Protection and Government Accountability Act
g. Consider Adoption of a Resolution Approving an Amended Hourly Wage Schedule for Unclassified, Parttime, Temporary, and Seasonal Employee Classifications and Approving an Amended Job Class Specification for Lifeguard / Swim Instructor I/II h. Consider Adoption of a Resolution Initiating Property Owner Notice and Protest Process as required by Proposition 218 for an Increase to Garbage Rates Pursuant to the Agreement for Integrated Waste Management Services with Recology San Bruno, Effective July 1, 2024

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Consider Introducing, Reading by Title Only and Waiving Further Reading of 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” and Adoption of a Resolution Rescinding Resolution No. 199529 and Resolution No. 202220

8. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Receive Annual Military Equipment Use Report, Review the Military Equipment Use Ordinance, and Adopt a Resolution Renewing the Military Equipment Use Ordinance Number 1909

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS

11. ADJOURNMENT – The next Regular City Council Meeting will be held on March 26, 2024 at 7 pm.

POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on March 8, 2024, by 6:00 pm. 1 of 367
"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
March 12, 2024
7:00 PM
City Councilmembers and members of the public may attend in person at the San Bruno Senior Center, or by teleconference, via Zoom or telephone.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS

11. ADJOURNMENT – The next Regular City Council Meeting will be held on March 26, 2024 at 7 pm.

POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on March 8, 2024, by 6:00 pm. 2 of 367
"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
March 12, 2024
7:00 PM
City Councilmembers and members of the public may attend in person at the San Bruno Senior Center, or by teleconference, via Zoom or telephone.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS

11. ADJOURNMENT – The next Regular City Council Meeting will be held on March 26, 2024 at 7 pm.

POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on March 8, 2024, by 6:00 pm. 3 of 367

"Th e City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4

MINUTES

SAN BRUNO CITY COUNCIL REGULAR MEETING
January 9, 2024
7:00 PM

1. CALL TO ORDER
The meeting was called to order at 7:08 pm

2. ROLL CALL
Councilmembers Alvarez, Hamiton, M. Medina, and Mayor R. Medina were all present.

Vice Mayor Salazar was on an excused absence

3. PLEDGE OF ALLEGIANCE
Mayor R. Medina led the pledge

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Member of the Public Steve Weiss – spoke about international issues Member of the Public Tina Huis – spoke about safety and security within the Marisol Community
Member of the Public Kathy Lisam – spoke about the Marisol Community

5. ANNOUNCEMENTS/PRESENTATIONS
a. Issue Proclamation declaring January as National Human Trafficking Prevention Month
b. Receive HIP Housing 2024 Calendar Presentation
H
IP Housing Board member Aaron Aknin and contest winner Mirelle presented the item to the City Council
c. Receive Update on Citywide Parking Enforcement and Downtown Metering P
rogram
Item tentatively moved to the next regular City Council meeting scheduled for January 23, 2024.

No members of the public wished to speak under Announcements/Presentations. 4 of 367
Item 6a
City Council – Minutes
January 9, 2024

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6. CONSENT CALENDAR
a. Approve the Draft Special Meeting Minutes for December 12, 2023 and Draft Regular Meeting Minutes for December 12, 2023
b. Approve Accounts Payable for December 11, 2023 and December 21, 2023 c. Accept Payroll for December 3, 2023 and December 17, 2023 d. Approve Investment Report Dated November 30, 2023
e. Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Title 8 (Streets, Sidewalks, and Rights-of-Way) and Amending Chapter 13 (Inspection, Repair and Replacement of Private Sewer Laterals) of Title 10 (Municipal Services) as Part of a Comprehensive Update and Finding Such Actions Exempt from the California Environmental Quality Act” f. Consider Adoption of a Resolution Accepting Annual Report of Development Impact Fees and Charges for the Fiscal Year Ended June 30, 2023 g. Consider Adoption of a Resolution Acknowledging Receipt of a Report made by the Fire Marshal of the San Bruno Fire Department Regarding the Inspection of Certain Occupancies Required to have Annual Inspections Performed Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code h. Consider Adoption of a Resolution Allowing One Parking Space within the Intersection of Crestmoor Drive and Darby Place, and Determining that Such Action is Exempt from CEQA
i.

Consider Adoption of a Resolution Approving the First Amendment to the Employment Agreement between the City of San Bruno and Alex D. McIntyre j. Consider Adoption of a Resolution Approving Benefits for the Unrepresented Assistant City Manager Position
No items were pulled by the City Council for a separate vote.

Item h – Councilmember Hamilton recused himself from this item, the location of his home is close enough to the project to cause a potential conflict of interest.

Member of the Public Jamal - spoke about sidewalks.

M/S Hamilton/Alvarez to approve Consent Calendar, with the exception of Item h, Councilmember Hamilton recused, motion passed 4-0, Vice Mayor Salazar absent.

7. CONDUCT OF BUSINESS
a. Receive Presentation Regarding Age-Friendly City Ad-Hoc Recommendations and Consider Adoption of a Resolution to Apply for the AARP Age-Friendly Cities and Communities Designation
Item tentatively moved to the next regular City Council meeting scheduled for January 23, 2024.
b. Consider Introducing, Reading by Title Only and Waiving Further Reading of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending San Bruno Municipal Code Title 9 (Parks and Recreation) as Part of a Comprehensive Municipal Code Update and Finding Such Action Exempt from the California Environmental Quality Act”

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No presentation was given to the City Council for this item.

No members of the public wished to speak on this item.

M/S Hamilton/Alvarez to approve the item as read by the Clerk. Motion passed unanimously 4-0, Vice Mayor Salazar absent.

8. COUNCIL COMMITTEE REPORT OUT
None.

9. COMMENTS FROM COUNCIL MEMBERS
Councilmember Hamilton:
a. Discuss agendizing a resolution calling for an immediate permanent bilateral humanitarian ceasefire in Israel and Palestine, for the release of remaining hostages, and in support of allowing unrestricted humanitarian aid Councilmember Hamilton introduced the item.

Member of the Public Hadeel Ramadan – spoke in support of the item Member of the Public Saif Makableh – spoke in support of the item Member of the Public Ahmad Alba – spoke in support of the item Member of the Public Soo Park – spoke about better educating San Bruno residents Member of the Public Lisa Putkey – spoke in support of the item Member of the Public David Chapi – spoke in support of the item Member of the Public Randa Shatara – spoke in support of the item Member of the Public Lina Ereikat – spoke in support of the item Member of the Public Raja Elqare – spoke in support of the item Member of the Public Charlie Elqare - spoke in support of the item Member of the Public Marina – spoke in opposition of the item Member of the Public Nancy Katout - spoke in support of the item Member of the Public Saji AbuOmar – spoke in support of the item Member of the Public Anne Frank – spoke in opposition of the item Member of the Public Nathan Brandys – spoke in opposition of the item Member of the Public Luba Trinousky – spoke in opposition of the item Member of the Public Maha Yaser-Shihadih – spoke in support of the item Member of the Public Deema Shihadih – spoke in support of the item Member of the Public Zeina Zumot - spoke in support of the item Member of the Public Nuha Jamaly – spoke in support of the item Member of the Public Yesenia Esquivias – spoke in support of the item Member of the Public Maram Abughosh – spoke in support of the item

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Member of the Public Jackie Fangonilo – spoke in support of the item Member of the Public Abeer Elafifi – spoke in support of the item Member of the Public Sheila Dudum – spoke in support of the item Member of the Public Amjad Qaqish – spoke in support of the item Member of the Public Rami Zakkak – spoke in support of the item Member of the Public Odai Kaleh – spoke in support of the item Member of the Public Tamara Bazouzi – spoke in support of the item Member of the Public Besan Zaro – spoke in support of the item Member of the Public Father George – spoke in support of the item Member of the Public Batool Zaro – spoke in support of the item Member of the Public Stephanie Abugharbien – spoke in support of the item Member of the Public Yotvat – spoke on the item
Member of the Public Aysha Abraibesh – spoke in support of the item Member of the Public Beth Gabow – spoke in support of the item Member of the Public Hanna Batshoun – spoke in support of the item Member of the Public Isra – spoke in support of the item Member of the Public Russell Lee – spoke in support of the item Member of the Public Carlos – spoke in support of the item Member of the Public Eleni Katout – spoke in support of the item Member of the Public Natasha Kay – spoke in opposition of the item Member of the Public Nour Husary – spoke in support of the item Member of the Public Albert - spoke in support of the item Member of the Public Andrew Katout – spoke in support of the item Member of the Public Vanessa Anderson – spoke in support of the item Member of the Public Rami – spoke in support of the item Member of the Public Zozo Tian – spoke in support of the item Member of the Public Mad L. – spoke in support of the item Member of the Public Jing Shi – spoke in support of the item Member of the Public Roula Palmer – spoke in support of the item Member of the Public Camron Palmer – spoke in support of the item Member of the Public Shanie Pollard – spoke in opposition of the item Member of the Public Steve Weiss – spoke in opposition of the item Member of the Public Yenifer Origel – spoke in support of the item

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Member of the Public Jacqi G. – spoke in support of the item Member of the Public Jazz H. – spoke in support of the item Member of the Public Kinda Dawah – spoke in support of the item The City Council meeting recessed at 8:50 pm and reconvened at 9:02 pm Member of the Public Jacob Rantisi – spoke in support of the item Member of the Public Izzy Rantisi - spoke in support of the item Member of the Public Mandy Rantisi – spoke in support of the item Member of the Public Tamer Abualhsan – spoke in support of the item Member of the Public Luna - spoke in support of item
Member of the Public Roya Pourmand – spoke in support of item Member of the Public Bernie Hyde – spoke in opposition of the item Member of the Public Jamal Shamieh – spoke in support of the item Member of the Public Inas Elmashshni – spoke in support of the item Member of the Public Meryana Katout – spoke in support of the item Member of the Public Jagreed Shamieh – spoke in support of the item Member of the Public Tamer Yaser – spoke in support of the item Member of the Public Nader Abumuoilish – spoke in support of the item Member of the Public Musa Tariq – spoke in support of the item Member of the Public Sarah Heikel – spoke in support of the item Member of the Public Samiha Erakat – soke in support of the item Member of the Public Zaynab Hararah – spoke in support of the item Member of the Public Amena Elmashni – spoke in support of the item Member of the Public Azizu Junifer – spoke in support of the item Member of the Public Ghassan Shamieh – spoke in support of the item Member of the Public Noor – spoke in support of the item Member of the Public Wesam Dawah – spoke in support of the item Member of the Public Justine Rutighano – spoke in support of the item Member of the Public Devante Jewett – spoke in support of the item Member of the Public Sawsan Dabit – spoke in support of the item Member of the Public Amir Mosa – spoke in support of the item Member of the Public Zaynab – spoke in support of the item Member of the Public Abraham Alfqkhouri – spoke in support of the item Member of the Public Ramy Salah – spoke in support of the item

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Member of the Public Rohan Sabnis – spoke in support of the item Member of the Public Norma Kharsa – spoke in support of the item Member of the Public Rich McKenna – spoke in support of the item Member of the Public Frank McAlorum – spoke in support of the item Member of the Public Linda Khoury-Umili – spoke in support of the item Member of the Public Alexia Villarreal – spoke in support of the item Member of the Public Husein Dawah – spoke in support of the item Member of the Public Khaled Hettini – spoke in support of the item Member of the Public Ashraf Abuelrous – spoke in support of the item Member of the Public Steve Dempsey – spoke in support of the item Member of the Public Ola – spoke in support of the item Member of the Public Jamal Katout – spoke in support of the item Member of the Public She Rantisi – spoke in support of the item Member of the Public Fadi Jada – spoke in support of the item Member of the Public Nicole Hanhan – spoke in support of the item Member of the Public Andriana Shea – spoke in support of the item Member of the Public Sandy Hanhan – spoke in support of the item Member of the Public Hilda Shea – spoke in support of the item Member of the Public Joseph Katout – spoke in support of the item Member of the Public Kamilah Albahri – spoke in support of the item Member of the Public Justin Fang – spoke in support of the item Member of the Public Rami Asia – spoke in support of the item Member of the Public Reema Asia – spoke in support of the item Member of the Public Rawan Bakhit – spoke in support of the item Member of the Public Ashraf H. – spoke in support of the item Member of the Public Loni Talbott – spoke in support of the item Member of the Public Neda Jamaly – spoke in support of the item Member of the Public Daniel Katout – spoke in support of the item Member of the Public Thomas Joseph – spoke in support of the item Member of the Public Ruba Jammali – spoke in support of the item Member of the Public Jineen J – spoke in support of the item Member of the Public Bret – spoke in support of the item Member of the Public Ali Bakhit – spoke in support of the item

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Member of the Public Kiaan Sharif – spoke in support of the item M/S Hamilton/M. Medina to agendize the discussion of a resolution calling for immediate, permanent, bilateral, humanitarian ceasefire in Israel and Palestine for the release of remaining hostages and in support of allowing unrestricted humanitarian aid, motion failed with Councilmembers M. Medina and Hamilton voting yes, and Councilmember Alvarez and Mayor R. Medina voting no, and Vice Mayor Salazar absent.

10. ADJOURNMENT
This meeting adjourned at 10:24 pm. The next Regular City Council Meeting will be held on January 23, 2024 at 7:00 pm

These City Council meeting minutes were prepared by Lupita Huerta, City Clerk, and presented to the City Council for approval at the regular meeting of March 12, 2024.

Lupita Huerta
City Clerk
Rico E. Medina
Mayor

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"The City With a Heart"
Rico E. Medina, Mayor
Tom Hamilton, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Marty Medina, Councilmember, District 4
Michael Salazar, Councilmember

MINUTES

SAN BRUNO CITY COUNCIL REGULAR MEETING
January 23, 2024
7:00 PM

1. CALL TO ORDER
The meeting was called to order at 7:00 pm

2. ROLL CALL
Councilmembers Alvarez, Hamilton, M. Medina, Vice Mayor Salazar, and Mayor R.

Medina

3. PLEDGE OF ALLEGIANCE
Councilmember Hamilton led the pledge

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Member of the Public Jamal Katout – spoke about ceasefire resolution Member of the Public Russel Lee – spoke about ceasefire resolution Member of the Public Norma – spoke about ceasefire resolution Member of the Public Elaine Tano – spoke about ceasefire resolution Member of the Public Matt Jones – spoke about ceasefire resolution Member of the Public Isin al-Otat – spoke about ceasefire resolution Member of the Public Musa Tariq - spoke about ceasefire resolution Member of the Public DeVante - spoke about ceasefire resolution Member of the Public Drew - spoke about ceasefire resolution Member of the Public Lauren - spoke about ceasefire resolution Member of the Public Mandy - spoke about ceasefire resolution Member of the Public – Luna A. - spoke about ceasefire resolution Member of the Public Stephanie - spoke about ceasefire resolution Member of the Public Nuha - spoke about ceasefire resolution Member of the Public – Ameena - spoke about ceasefire resolution Member of the Public Sandy - spoke about ceasefire resolution Member of the Public Amber - spoke about ceasefire resolution

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Member of the Public Justin - spoke about ceasefire resolution Member of the Public Nicole H. - spoke about ceasefire resolution Member of the Public Wendy - spoke about ceasefire resolution Member of the Public Inas - spoke about ceasefire resolution Member of the Public Fayed - spoke about ceasefire resolution Member of the Public Kinda - spoke about ceasefire resolution Member of the Public Wesam - spoke about ceasefire resolution Member of the Public Neda - spoke about ceasefire resolution Member of the Public Maha - spoke about ceasefire resolution Member of the Public Eleni - spoke about ceasefire resolution Member of the Public Kamilah - spoke about ceasefire resolution Member of the Public Ghassan - spoke about ceasefire resolution The City Council meeting recessed at 7:43 pm and reconvened at 7:52 pm

5. ANNOUNCEMENTS/PRESENTATIONS
a. The City of San Bruno is happy to partner with San Mateo County to offer San Bruno small businesses a Small Business Post Pandemic Recovery Grant Program. Visit www.sanbruno.ca.gov/GrantInfo to learn more about the program b. Issue Proclamation Recognizing February as Black History Month c. Issue Proclamation Recognizing February 10, 2024 as Lunar New Year d. Receive Presentation from WINGS Learning Center
Ken Toren presented the item to the City Council
e. Receive Update on Citywide Parking Enforcement and Downtown Metering Program Police Chief Ryan Johansen presented the item to the City Council and answered questions
f. Receive Mid-Year Financial Update Report for Fiscal Year 2023-24 as of December 31, 2023
Chief Financial Officer Nick Pegueros presented the item to the City Council and answered questions
Member of the Public Eleni – spoke about parking
Member of the Public Rebecca Molano – spoke about parking Member of the Public Matt Jones – spoke about Black History Month Member of the Public Justin Fang – spoke about parking

6. CONSENT CALENDAR

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a. Approve Accounts Payable for January 8, 2024 and January 16, 2024. b. Accept Payroll for December 31, 2023
c. Approve Quarterly Investment Report Dated December 31, 2023 d. Consider Adoption of a Resolution Authorizing the City Manager to Execute the San Mateo County Operational Area Building Safety Inspection Program Mutual Aid Agreement
e. Consider Adoption of Resolution Approving Publicly Available Employee Pay Schedule Pursuant to the Public Employees' Retirement Law (PERL), Public Employees' Pension Reform Act of 2013 (PEPRA), and the Title 2 of the California Code of Regulations (CCR)
f. Receive and File the Annual Comprehensive Financial Report for the Fiscal Year Ended June 30, 2023
g. Consider Adoption of a Resolution:
• Accepting the Stormwater Drain Pipeline Repairs at Caltrans Property at the Northwest Corner of Skyline Boulevard and Sneath Lane as Complete; • Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office; and
• Authorizing Release of the Construction Contract Retention in the Amount of $49,130
h. Consider Adoption of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending San Bruno Municipal Code Title 9 (Parks and Recreation) as Part of a Comprehensive Municipal Code Update and Finding Such Action Exempt from the California Environmental Quality Act” i. Receive Progress Update on Fiscal Year 2023-24 City Council Strategic Initiatives for the Second Quarter, October-December 2023
j. Consider Adoption of a Resolution Approving Submittal Of A Functional Classification Change for Local Streets and Roads to State of California, Department of Transportation
City Manager Alex McIntyre pulled Item f and will be brought back at next City Council meeting
No items were pulled for a separate vote
Item i: Councilmember Hamilton pulled item for comment No members of the public wished to speak under this item M/S Salazar/Alvarez to approve the consent calendar with the exception of item f.

The motion passed unanimously

7. PUBLIC HEARING(S)
a. Consider Introducing, Reading by Title Only and Waiving a Further Reading Entitled “An Ordinance of the City Council of the City of San Bruno Amending Articles II (Subdivisions) and Article III (Zoning) of Title 12 (Land Use) for Minor Amendments” and Finding Such Action Exempt from the California Environmental Quality Act Planning & Housing Manager Michael Laughlin presented the item to the City Council and answered questions.

No members of the public wished to speak under this item

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M/S Hamilton/M. Medina to close public hearing. The motion passed unanimously.

M/S Hamilton/Alvarez to approve item as read by the clerk. The motion passed unanimously.

The City Council meeting recessed at 9:06 pm and reconvened at 9:14 pm

8. CONDUCT OF BUSINESS
a. Receive Presentation Regarding Age-Friendly City Ad-Hoc Recommendations and Consider Adoption of a Resolution to Apply for the AARP Age-Friendly Cities and Communities Designation
Community Services Deputy Director Damian Sandholm introduced the item to the City Council and answered questions. Center for Age Friendly Excellence Associate Director Roy Earnest presented the item to the City Council and answered questions.

Member of the Public Maria Elena Barr - spoke in support of the item Member of the Public Jennifer Blanco – spoke homelessness in senior citizen community
M/S Hamilton/M. Medina to adopt the resolution to apply for the AARP Age-Friendly City’s and Communities designation. The motion passed unanimously.

Items b and c presented together
b. Consider Approving a Capital Improvement Program Pilot Project Prioritization for the Fiscal Year 2024-25 Budget Process

c. Consider Approval of the Fiscal Year 2024-25 Budget Process The City Council meeting recessed at 9:41 pm and reconvened at 9:44 pm Chief Financial Officer Nick Pegueros presented items b and c to the City Council and answered questions
No PowerPoint presentation for Item c
No members of the public wished to speak under Items b or c City Manager Alex McIntyre answered questions
There were no reportable actions taken for Items b or c

9. COUNCIL COMMITTEE REPORT OUT
Councilmember Hamilton:
• Spoke about Bay Area Water Supply and Conservation Agency (BAWSCA) Mayor R. Medina:
• Spoke about Emergency Services Council

10. COMMENTS FROM COUNCIL MEMBERS
Councilmember M. Medina:
• Spoke about monthly Pancake Breakfast at American Legion • Spoke about San Buno Responds app

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• Spoke about peace resolution
Mayor R. Medina:
• Spoke about school districts
• Spoke about Alfred Malatesta
Councilmember Hamilton:
• Spoke about monthly Second Harvest Food Distribution at Belle Aire School Vice Mayor Salazar:
• Responded to public comments on resolution

11. ADJOURNMENT
This meeting adjourned at 10:15 pm. The next Regular City Council Meeting will be held on February 13, 2024 at 7:00 p.m.

These City Council meeting minutes were prepared by Lupita Huerta, City Clerk, and presented to the City Council for approval at the regular meeting of March 12, 2024.

Lupita Huerta
City Clerk
Rico E. Medina
Mayor

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: February 26, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative SUBJECT: Accounts Payable Warrant Register
This is to certify that the claims listed on pages 1 to 2 inclusive, and/or claims numbered from 207714 through 207769 inclusive, totaling $428,461.46 have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $107,192.16
006 American Rescue Plan Act $18,831.04
111 Police Asset Forfeiture $1,073.00
121 Federal/State Grants $2,461.23
132 Agency On Aging $2,289.04
137 Developer Project Contributions $562.44
201 Parks and Facilities Capital $106,134.72
203 Street Improvement Projects $4,825.91
611 Water Fund $47,905.72
631 Wastewater Fund $8,311.03
641 CityNet Services Fund $25,851.10
651 Parking Fund $34,449.68
702 Facility Maintenance Fund $3,199.57
707 Technology Development $1,179.29
711 Self-Insurance $64,195.53
TOTAL FOR APPROVAL $428,461.46
Respectfully submitted,
_________________________
Chief Financial Officer Date
DocuSign Envelope ID: E93FD409-1BA3-40AC-8C82-131686CDDF02 2/28/2024
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Item 6b.
2/26/2024 9:34:03AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0000858 ADECCO EMPLOYMENT SERVICES 207714 5,383.402/26/2024 0017459 ALL CITY MANAGEMENT SVC.INC. 207715 3,315.692/26/2024 0018976 ALPHA ANALYTICAL LAB. INC. 207716 3,910.002/26/2024 0109246 AQUA METRIC SALES, CO. 207717 4,209.332/26/2024 0104925 ASIA TV USA, LTD. 207718 1,572.312/26/2024
0111315 ASTOUND BROADBAND LLC 207719 7,500.002/26/2024 0111315 ASTOUND BROADBAND LLC 207720 5,500.002/26/2024 0014617 AT&T 207721 95.002/26/2024
0015110 AT&T MOBILITY 207722 200.282/26/2024
0000345 BAKER & TAYLOR BOOKS 207723 3,930.552/26/2024 0110882 BALANCE FITNESS, INC. 207724 82,158.912/26/2024 0105553 BELLECCI & ASSOCIATES, INC. 207725 1,807.002/26/2024 0109661 BIRITE FOODSERVICE DISTRIBUTORS 207735 238.092/26/2024 0102989 CALIFORNIA DIESEL & POWER 207726 11,097.722/26/2024 0018048 CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. 207743 2,968.912/26/2024 0098588 CITY OF BURLINGAME 207727 500.002/26/2024
0018911 COMCAST CABLE COMMUNICATIONS 207729 12,951.602/26/2024 0110800 CORPORATE CUISINE DBA CREEKSIDE GRILL 207732 1,959.952/26/2024 0106503 CRASH DATA GROUP, INC. 207731 1,500.002/26/2024 0104327 EATON DRILLING CO., LLC 207734 11,133.992/26/2024 0109776 FRESH LINE PRODUCE 207737 91.002/26/2024
0018272 GALE/CENGAGE LEARNING 207738 29.002/26/2024
0104135 GLOBAL TRACKING COMMUNICATIONS, INC. 207760 27.982/26/2024 0110689 HARRY YIP 207769 230.002/26/2024
0096946 HDR ENGINEERING, INC. 207739 562.442/26/2024
0111329 JACKIE SPEIER FOR SUPERVISOR 2024 207736 776.002/26/2024 0095465 JENNIFER DIANOS 207733 94.002/26/2024
0110238 JERICHO PROJECT 207740 17,055.002/26/2024
0000771 JT2 INTEGRATED RESOURCES 207741 64,195.532/26/2024 0109706 KNOWBE4 INC. 207742 300.962/26/2024
0110998 LAZ PARKING ASSOCIATES LLC 207744 34,113.152/26/2024 0105822 LEE & RO, INC. 207745 13,438.502/26/2024
0018177 LOWE'S 207746 1,397.562/26/2024
0016041 METROMOBILE COMMUNICATIONS 207747 2,461.232/26/2024 0017906 MICHAEL BLUNDELL 207748 1,073.002/26/2024
0106447 MOORE,IACOFANO, GOLTSMAN, INC. 207749 3,457.502/26/2024 0000012 PACIFIC GAS & ELECTRIC 207750 18,340.362/26/2024 0016085 PENINSULA CONFLICT RESOLUTION CENTER 207730 10,569.222/26/2024 0106229 PET FOOD EXPRESS 207751 118.092/26/2024
0110128 SEHI COMPUTER PRODUCTS INC. 207753 678.052/26/2024 0103732 SFO MEDICAL CLINIC 207754 1,119.002/26/2024
0097626 SHARP ELECTRONICS CORP. 207755 188.062/26/2024 0101667 SHELL DOOR SERVICE 207756 2,442.852/26/2024
0000216 SHOWTIME NETWORKS INC. 207757 910.972/26/2024 0109953 SHRED CITY 207758 63.722/26/2024
0103492 SMITHSONIAN NETWORKS 207759 127.722/26/2024
0001362 TV GUIDE MAGAZINE, LLC 207761 50.442/26/2024
0018944 ULINE, INC. 207762 3,463.312/26/2024
0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 207752 591.632/26/2024 0094452 UNITED RENTALS(N.AMERICA),INC. 207763 336.532/26/2024 0098625 UPS 207764 330.172/26/2024
0104233 WAVE 207765 10,050.002/26/2024
0105955 WEST COAST CODE CONSULTANTS, INC. 207728 72,584.812/26/2024 Page: 1
DocuSign Envelope ID: E93FD409-1BA3-40AC-8C82-131686CDDF02

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2/26/2024 9:34:03AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0104660 WEST YOST ASSOCIATES, INC. 207766 2,564.752/26/2024 0096893 WILSEY HAM 207767 534.002/26/2024
0013841 WITMER-TYSON IMPORTS INC 207768 2,162.202/26/2024 Total count: 56
GrandTotal: 428,461.46
Page: 2
DocuSign Envelope ID: E93FD409-1BA3-40AC-8C82-131686CDDF02

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: March 4, 2024

TO: Honorable Mayor and Members of the City Council

FROM: Alex D. McIntyre, City Manager

PREPARED BY: Nick Pegueros, Chief Financial Officer
Kathleen O’Malley, Accounting & Customer Service Representative

SUBJECT: Accounts Payable Warrant Register

This is to certify that the claims listed on pages 1 to 3 inclusive, and/or claims numbered from 207770 through 207905 inclusive, totaling $784,684.04 have been checked in detail and approved by the proper officials, and in my opinion, represent fair and just charges against the City in accordance with their respective amounts. The table below summarizes the total paid by Fund.

Fund Fund Name Amount
001 General Fund $199,642.06
005 Measure G District Sales Tax $300.00
101 Gas Tax $3,000.00
111 Police Asset Forfeiture $152,843.47
121 Federal/State Grants $10,426.57
132 Agency On Aging $30.19
133 Restricted Revenues $10,620.96
137 Developer Project Contributions $20,951.56
201 Parks and Facilities Capital $79,397.50
203 Street Improvement Projects $21,238.00
207 Technology Capital $22,705.80
302 Lease Debt Service $400.00
611 Water Fund $47,915.75
621 Stormwater Fund $64,298.40
631 Wastewater Fund $59,317.26
641 CityNet Services Fund $61,089.98
651 Parking Fund $300.00
701 Central Garage $11,082.27
702 Facility Maintenance Fund $10,108.36
707 Technology Development $9,015.91
TOTAL FOR APPROVAL $784,684.04

Respectfully submitted,

_________________________
Chief Financial Officer Date
DocuSign Envelope ID: B2CB6811-8B4B-4A8D-8834-6E4808FC93B6 3/5/2024

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3/4/2024 1:13:27PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0110686 AAA RENTALS 207772 4,345.003/4/2024
0016708 ACOM SOLUTIONS, INC. 207773 469.263/4/2024
0000858 ADECCO EMPLOYMENT SERVICES 207774 2,836.643/4/2024 0107470 AHMED HUSSEIN 207837 89.713/4/2024
0001170 AIRGAS USA, LLC 207775 283.703/4/2024
0000163 AIRPORT AUTO PARTS INC. 207776 1,253.933/4/2024 0108773 ALFRED S ROLDAN 207875 247.243/4/2024
0017459 ALL CITY MANAGEMENT SVC.INC. 207777 3,340.623/4/2024 0017298 ALLSTAR FIRE EQUIPMENT INC 207778 871.533/4/2024 0018976 ALPHA ANALYTICAL LAB. INC. 207779 1,460.003/4/2024 0098508 AMERICAN PUBLIC WORKS ASSOCIATION(APWA) 207869 1,146.003/4/2024 0000118 ART'S PENINSULA LOCKSMITH 207780 30.763/4/2024 0109778 ASSOCIATED RIGHT OF WAY SERVICES, INC. 207873 115.003/4/2024 0016123 AT&T 207781 1,238.803/4/2024
0017191 AT&T 207782 407.293/4/2024
0015110 AT&T MOBILITY 207783 1,139.493/4/2024
0107032 AXON ENTERPRISE, INC. 207784 152,843.473/4/2024 0000345 BAKER & TAYLOR BOOKS 207785 11,525.883/4/2024 0108691 BEAR CLOUD TECHNOLOGIES, INC. 207788 3,500.003/4/2024 0105553 BELLECCI & ASSOCIATES, INC. 207789 305.003/4/2024 0109646 BIO CAR CARE 207790 1,100.003/4/2024
0100119 BLACK & VEATCH CORPORATION 207791 8,780.503/4/2024 0110814 BLAKE SUZUKI 207887 80.003/4/2024
0018000 BOUND TREE MEDICAL LLC 207792 3,402.573/4/2024 0000378 BROADMOOR LANDSCAPE SUPPLY 207793 198.913/4/2024 0108182 C2R ENGINEERING, INC. 207794 53,750.003/4/2024 0105134 CALIFORNIA CONSERVATION CORPS 207795 51,145.003/4/2024 0111328 CALIFORNIA DEBT AND INVESTMENT ADVISORY COMMISSION 207840 400.003/4/2024 0102989 CALIFORNIA DIESEL & POWER 207796 31,549.883/4/2024 0106548 CAPITAL ONE TRADE CREDIT 207797 159.323/4/2024 0013965 CH BULL CO. 207798 329.633/4/2024
0017284 CHEMSEARCHFE 207799 439.503/4/2024
0106408 CHRIS DE LA CRUZ 207811 143.113/4/2024
0016324 CINTAS CORPORATION #464 207801 2,370.413/4/2024 0093360 CITY OF DALY CITY 207802 260.003/4/2024
0013595 CITY OF SAN BRUNO 207803 1,340.743/4/2024
0018446 CMRTA 207804 150.003/4/2024
0110893 CORA DINO 207816 1,478.003/4/2024
0110941 CORODATA RECORDS MANAGEMENT, INC. 207871 81.453/4/2024 0015857 COUNTY OF SAN MATEO 207807 82.253/4/2024
0018331 CSG CONSULTANTS INC. 207809 984.333/4/2024
0106011 CWEA-SFBS 207810 442.003/4/2024
0111336 DANTE MANTOVAN 207853 7.703/4/2024
0111340 DEAN J.VLAHOS FAIA& ASSOCIATES 207813 2,000.003/4/2024 0096829 DKF SOLUTIONS GROUP, LLC 207817 16,000.003/4/2024 0000430 DKS ASSOCIATES 207818 11,116.003/4/2024
0103088 DUNN-EDWARDS CORP. 207820 127.913/4/2024
0110123 DUNNIGAN PSYCHOLOGICAL& THREAT ASSESSMENTS, LLC 207894 1,875.003/4/2024 0106234 FASTRAK INVOICE PROCESSING DEPT. 207841 7.003/4/2024 0000944 FEDEX 207824 100.893/4/2024
0001782 FLOWERS ELECTRIC & SVC.CO.INC. 207825 22,421.433/4/2024 0018117 FLYERS ENERGY, LLC 207826 10,021.793/4/2024
0017720 FOX TELEVISION STATIONS, INC. 207827 10,295.053/4/2024 Page: 1
DocuSign Envelope ID: B2CB6811-8B4B-4A8D-8834-6E4808FC93B6

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3/4/2024 1:13:27PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0111334 FRANKIE EID 207821 15.703/4/2024
0016363 GCS ENVIRONMENTAL & EQUIPMENT SVC. 207823 320.803/4/2024 0000162 GRAINGER 207829 1,252.583/4/2024
0095966 GREAT AMERICA FINANCIAL SVC. 207830 2,440.913/4/2024 0111316 HANFORD ARC 207831 519.663/4/2024
0096946 HDR ENGINEERING, INC. 207833 6,210.233/4/2024 0108488 HINDERLITER DE LLAMAS & ASSOCIATES 207812 2,310.233/4/2024 0110624 INTEGRITY SURVEILLANCE GROUP 207838 998.003/4/2024 0015531 INTERSTATE BATTERY SYS. OF SF 207839 326.313/4/2024 0018553 INTERSTATE TRAFFIC CONTROL PRODUCTS 207896 847.383/4/2024 0093379 JAMES HOULIHAN 207835 290.353/4/2024
0095465 JENNIFER DIANOS 207815 500.003/4/2024
0110238 JERICHO PROJECT 207843 19,380.003/4/2024
0111339 JINNA CHEN 207800 6.293/4/2024
0107854 JOHN BARBIERI 207786 147.243/4/2024
0108693 KANOPY, INC. 207845 2,000.003/4/2024
0106647 KATHERINE DUAT 207819 793.113/4/2024
0111337 KE YU 207903 119.923/4/2024
0107590 KRISTY OSHIRO 207861 650.003/4/2024
0000317 L.N. CURTIS & SONS 207846 1,085.013/4/2024
0017570 LEHR AUTO ELECTRIC 207848 199.853/4/2024
0111335 LIN ZHAO 207905 9.863/4/2024
0106000 LINDA E JANKLOW 207842 270.003/4/2024
0109978 LINDE GAS & EQUIPMENT INC. 207850 195.023/4/2024 0018177 LOWE'S 207851 4,226.373/4/2024
0108432 LUPITA HUERTA 207836 134.933/4/2024
0017026 LYNX TECHNOLOGIES, INC. 207852 3,075.003/4/2024 0111325 MARIELA HERRERA 207834 403.003/4/2024
0103657 MBC AMERICA 207854 328.013/4/2024
0018496 MCMASTER-CARR SUPPLY CO. 207855 1,565.343/4/2024 0111332 MICHAEL LEYZEROVICH 207849 89.423/4/2024
0111317 MIREYA BRACAMONTES CRUZ 207808 37.713/4/2024
0108117 NETFILE, INC. 207856 5,400.003/4/2024
0103301 NHL NETWORK US, LP 207857 843.363/4/2024
0111055 O'REILLY AUTO PARTS 207860 645.283/4/2024
0110243 ODP BUSINESS SOLUTIONS, LLC 207858 746.523/4/2024 0097567 ONE HOUR DRY CLEANING 207859 1,940.053/4/2024 0103933 OWEN EQUIPMENT SALES 207862 2,282.993/4/2024
0000012 PACIFIC GAS & ELECTRIC 207863 56,357.693/4/2024 0000012 PACIFIC GAS & ELECTRIC 207864 1,014.193/4/2024 0000101 PACIFIC NURSERIES 207865 154.223/4/2024
0111338 PAOLO SOMAGLIA 207884 20.593/4/2024
0017260 PETERSON TRUCKS, INC. 207866 646.813/4/2024
0111229 PORTER CAPITAL CORPORATION 207867 11,437.503/4/2024 0098436 PROFESSIONAL LAND SERVICES 207868 1,805.003/4/2024 0013981 QUILL CORPORATION 207870 295.073/4/2024
0018232 REED & GRAHAM INC. 207872 455.983/4/2024
0111333 RICHARD SANTALA 207878 75.783/4/2024
0110332 RICHARDS,WATSON&GERSHON A PROFESSIONAL CORP. 207771 63,105.303/4/2024 0106293 ROBERT HALF 207874 9,517.683/4/2024
0018070 RON LAVEZZO 207847 150.003/4/2024
0109297 RORO'S AUTO REPAIR INC. 207876 1,500.003/4/2024 0013581 ROVI GUIDES, INC. 207877 4,536.883/4/2024
0017807 SAN MATEO COUNTY CONTROLLER'S OFFICE 207806 15,805.103/4/2024 Page: 2
DocuSign Envelope ID: B2CB6811-8B4B-4A8D-8834-6E4808FC93B6

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3/4/2024 1:13:27PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0018461 SERRAMONTE FORD, INC. 207879 607.613/4/2024
0104726 SHARPS SOLUTIONS, LLC 207880 140.003/4/2024
0110785 SHAWN SHIN 207881 995.003/4/2024
0001225 SIERRA PACIFIC TURF SUPPLY,INC 207882 3,073.123/4/2024 0110326 SNG & ASSOCIATES, INC. 207883 4,224.503/4/2024 0111327 SOUTH CENTRAL PLANNING& DEVELOPMENT COMMISSION(SCPDC) 207814 11,268.303/4/2024 0109626 SOUTHERN FIBERNET COMMUNICATIONS LLC 207770 24,035.022/28/2024 0014233 STATE CONTROLLER'S OFFICE 207885 3,000.003/4/2024 0106866 STEPHEN KADASH 207844 290.353/4/2024
0017036 STEVEN'S BAY AREA DIESEL SERVICE, INC. 207787 216.973/4/2024 0111232 STRATEGIC CULTURE 207886 20,459.503/4/2024
0095565 SWINERTON BUILDERS 207888 28,957.003/4/2024
0096932 TASC 207889 267.683/4/2024
0002025 TELECOMMUNICATIONS ENGINEERING ASSOCIATES 207822 496.003/4/2024 0000241 THE ADAM-HILL COMPANY 207890 232.493/4/2024
0017928 THE EDCCO GROUP, INC. 207891 3,307.833/4/2024 0106952 THE GOODYEAR TIRE&RUBBER CO. 207892 5,010.593/4/2024 0103559 THE MLB NETWORK, LLC 207893 903.603/4/2024
0017527 TIFCO INDUSTRIES INC. 207895 833.093/4/2024
0107371 TIMOTHY WETTELAND 207901 646.003/4/2024
0109115 TONY GARCIA 207828 222.003/4/2024
0001362 TV GUIDE MAGAZINE, LLC 207897 49.133/4/2024
0018618 UNITED SITE SERVICES INC. 207898 325.933/4/2024 0015365 VICKY HASHA 207832 90.093/4/2024
0105955 WEST COAST CODE CONSULTANTS, INC. 207805 4,750.003/4/2024 0104660 WEST YOST ASSOCIATES, INC. 207899 4,209.003/4/2024 0000612 WESTVALLEY CONSTRUCTION CO.INC 207900 6,520.653/4/2024 0109476 WORLDPAC INC 207902 615.683/4/2024
0109122 ZERO TURN POWER WASHING 207904 9,363.003/4/2024 Total count: 136
GrandTotal: 784,684.04
Page: 3
DocuSign Envelope ID: B2CB6811-8B4B-4A8D-8834-6E4808FC93B6

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Item 6c.

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: March 12, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Peter Gilli, Community Development Director SUBJECT: Receive the 2023 Housing Element Annual Progress Report and Authorize Transmittal to the California Department of Housing and Community Development and Governor’s Office of Planning and Research
BACKGROUND:

California law requires all jurisdictions to prepare and submit an annual progress report (“APR”) on the implementation its Housing Element to the State Department of Housing and Community Development (HCD) by April 1st of each year. The APR is a standardized form with extensive required contents prescribed by the State. Many sections are not applicable to the City and are left blank. Prior to submittal, the City is required to hold a public meeting to review the city’s implementation progress. Public comments received during the meeting will also be forwarded to the state.

On January 24, 2023, the City Council adopted the Sixth Cycle Housing Element, which covers the planning period from 2023 to 2031. The City continues to work with the HCD to receive certification of the Housing Element. This APR is provided in Attachment 1.

The Planning Commission reviewed the report at its February 20 meeting and voted unanimously to forward it to Council for consideration. This is the first year staff has sent the APR to the Planning Commission, since the Commission will have a major role in Housing Element implementation for the Sixth Cycle Housing Element.

DISCUSSION:

From staff’s perspective, two key components of the APR are most significant: (1) housing production to fulfill the Regional Housing Needs Allocation (RHNA), and (2) progress on Housing Element programs.

State law allows the first year of a Housing Element cycle to include permits issued after June 30, 2022. In 2023, the City issued building permits for 166 housing units, and 19 more were issued between the end of June 2022 and the start of 2023. The total RHNA for the Sixth Cycle was 3,165 units, and as of the start of 2024, the remaining RHNA is 2,980 units as shown in Table 1. Additional details can be found in Table A2 and B of the APR. 24 of 367
Item 6d.

Honorable Mayor and Members of the City Council
March 12, 2024

Page 2 of 2 ends

Table 1: Housing Production in 2023 (based on Building Permit issuance) Income Level Total RHNA Permits Issued Remaining RHNA
Very Low 704 37 667
Low 405 120 285
Moderate 573 22 551
Above Moderate 1,483 6 1,477
Total Units 3,165 185 2,980
The 134-unit 732-740 El Camino Real project accounts for the majority of the issued permits, with the remainder primarily being ADUs spread throughout the City.

Several housing projects have been entitled but not yet begun construction, and therefore are not reflected in Table 1. The most notable is the 341-unit 840 San Bruno Avenue project approved in November 2023, which staff expects to be on the 2024 APR because the applicant plans to submit for building permits before summer 2024 and have the permits issued before the end of 2024. The Crestmoor subdivision (155 units) is scheduled for Planning Commission and City Council hearings before summer 2024 as well. The entitlement process for the redevelopment of The Shops at Tanforan will include about one thousand units, which would be reported in the latter years of the Sixth Cycle.

Table G of the APR tracks San Bruno’s progress in implementing the 51 programs listed in the Fifth Cycle Housing Element. After the certification of the Sixth Cycle Housing Element, the 2024 APR will track the progress of the new Housing Element programs.

FISCAL IMPACT:

There is no fiscal impact for receiving the report.

ENVIRONMENTAL IMPACT:

The action is not a project subject to CEQA.  City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

Receive the Housing Element Annual Progress Report for 2023 and authorize transmittal to the California Department of Housing and Community Development (HCD) and Governor’s Office of Planning and Research (OPR).

ALTERNATIVES:

Direct staff to make revisions to the annual report before submitting it to HCD.

ATTACHMENTS:

1. 2023 San Bruno Housing Element Annual Progress Report

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Jurisidiction Name
Reporting Calendar Year
First Name
Last Name
Title Click here to download APR Instructions
Email
Phone
Street Address
City
Zipcode
Please Start Here
General Information
2023
San Bruno
Contact Information
Optional: Click here to import last year's data. This is best used when the workbook is new and empty. You will be prompted to pick an old workbook to import from. Project and program data will be copied exactly how it was entered in last year's form and must be updated. If a project is no longer has any reportable activity, you may delete the project by selecting a cell in the row and typing ctrl + d.

Click here to add rows to a table. If you add too many rows, you may select a cell in the row you wish to remove and type ctrl + d.
567 El Camino Real
San Bruno
94110
Michael
Laughlin
Planning and Housing Manager
[email protected]
6506167053
Mailing Address
Annual Progress Report January 2020
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ATTACHMENT 1
Optional: This runs a macro which checks to ensure all required fields are filled out. The macro will create two files saved in the same directory this APR file is saved in. One file will be a copy of the APR with highlighted cells which require information. The other file will be list of the problematic cells, along with a description of the nature of the error.

Optional: Save before running. This copies data on Table A2, and creates another workbook with the table split across 4 tabs, each of which can fit onto a single page for easier printing. Running this macro will remove the comments on the column headers, which contain the instructions. Do not save the APR file after running in order to preserve comments once it is reopened.

Optional: This macro identifies dates entered that occurred outside of the reporting year. RHNA credit is only given for building permits issued during the reporting year.

Link to the online system: https://apr.hcd.ca.gov/APR/login.do Toggles formatting that turns cells green/yellow/red based on data validation rules.

Submittal Instructions
Please save your file as Jurisdictionname2023 (no spaces). Example: the city of San Luis Obispo would save their file as SanLuisObispo2023 Housing Element Annual Progress Reports (APRs) forms and tables must be submitted to HCD and the Governor's Office of Planning and Research (OPR) on or before April 1 of each year for the prior calendar year; submit separate reports directly to both HCD and OPR pursuant to Government Code section 65400. There are two options for submitting APRs:

1. Online Annual Progress Reporting System - Please see the link to the online system to the left. This allows you to upload the completed APR form into directly into HCD’s database limiting the risk of errors. If you would like to use the online system, email [email protected] and HCD will send you the login information for your jurisdiction. Please note: Using the online system only provides the information to HCD. The APR must still be submitted to OPR. Their email address is [email protected].

2. Email - If you prefer to submit via email, you can complete the excel Annual Progress Report forms and submit to HCD at [email protected] and to OPR at
[email protected]. Please send the Excel workbook, not a scanned or PDF copy of the tables.

27 of 367

Jurisdiction San Bruno
Reporting Year 2023
Housing Element Planning Period 6th Cycle
Current Year
Deed Restricted 28
Non-Deed
Restricted 9
Deed Restricted 105
Non-Deed
Restricted 9
Deed Restricted 0
Non-Deed
Restricted 10
5 166
Units by Structure Type Entitled Permitted Completed
Single-family Attached 0 0 0
Single-family Detached 4 0 0
2 to 4 units per structure 0 0 0
5+ units per structure 341 134 0
Accessory Dwelling Unit 31 32 9
Mobile/Manufactured Home 0 0 0
Total 376 166 9
Infill Housing Developments and Infill Units Permitted # of Projects Units 33 166
0 0
55 112
34 0
0 0
Income Rental Ownership Total
Very Low 28 0 28
Total Housing Applications Submitted:

Number of Proposed Units in All Applications Received:

Total Housing Units Approved:

Total Housing Units Disapproved:

Total Units
Housing Applications Summary
Use of SB 35 Streamlining Provisions - Applications
Note: Units serving extremely low-income households are included in the very low-income permitted units totals Number of SB 35 Streamlining Applications
Above Moderate
Indicated as Infill
Not Indicated as Infill
Building Permits Issued by Affordability Summary
Income Level
(Jan. 1 - Dec. 31)
01/31/2023 - 01/31/2031
Units Constructed - SB 35 Streamlining Permits
Number of SB 35 Streamlining Applications Approved
Very Low
Low
Moderate

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Low 105 0 105
Moderate 1 0 1
Above Moderate 0 0 0
Total 134 0 134
Streamlining Provisions Used - Permitted Units # of Projects Units SB 9 (2021) - Duplex in SF Zone 0 0
SB 9 (2021) - Residential Lot Split 0 0
AB 2011 (2022) 0 0
SB 6 (2022) 0 0
SB 35 (2017) 1 134
Ministerial and Discretionary Applications # of Applications Units Ministerial 52 52
Discretionary 3 60
Density Bonus Applications and Units Permitted
Number of Applications Submitted Requesting a Density Bonus 0 Number of Units in Applications Submitted Requesting a Density Bonus 0 Number of Projects Permitted with a Density Bonus 1
Number of Units in Projects Permitted with a Density Bonus 134 Housing Element Programs Implemented and Sites Rezoned Count 51 0
Programs Implemented
Sites Rezoned to Accommodate the RHNA

29 of 367

Jurisdiction San Bruno ANNUAL ELEMENT PROGRESS REPORT Note: "+" indicates an optional field Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date
Application
Submitted
Total
Approved
Units by
Project
Total
Disapproved
Units by
Project
Streamlining
2 3 4 6 7 8 9
Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Date
Application
Submitted
(see
instructions)
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low-Income
Deed
Restricted
Low-Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income
Non Deed
Restricted
Above
Moderate-
Income
Total PROPOSED
Units by Project
Total

APPROVED
Units by project
Total

DISAPPROVED
Units by Project
Please select
streamlining
provision/s the
application was
submitted pursuant
to.

Did the housing
development
application seek
incentives or
concessions
pursuant to
Government Code
section 65915?
Summary Row: Start Data Entry Below 0 16 3 16 6 16 55 112 34 0 020402320 281 Acacia Ave. B2306-0039 ADU R
10/5/2023
1 1 1 0 NONE No
020413210 115 Elm Ave. B2305-0016 ADU R 6/9/2023 1 1 1 0 NONE No 020251210 542 Hazel Ave. B2304-0009 ADU R 10/20/2023 1 1 1 0 NONE No 020167210 764 5th Ave. B2301-0019 ADU R 7/11/2023 1 1 1 0 NONE No 020406570 240 Linden Ave. B2207-0060 ADU R
4/20/2023
1 1 1 0 NONE No
020282270 326 Hazel Ave. B2206-0082 ADU R 7/14/2023 1 1 1 0 NONE No 020205210 520 2nd Ave. B2205-0021 ADU R 5/25/2023 1 1 1 0 NONE No 020223340 466 Redwood
Ave. B2203-0066 ADU R
11/2/2023
1 1 1 0 NONE No
017263050 3291 Susan Dr. B2203-0052 ADU R
10/6/2023
1 1 1 0 NONE No
020114320 441 Euclid Ave. B2201-0056 ADU R
3/21/2023
1 1 1 0 NONE No
017402260 1880 Monterey
Dr. B2111-0021 ADU R
3/16/2023
1 1 1 0 NONE No
020053420 730 Sycamore
Ave. B2101-0013 ADU R
4/27/2023
1 1 1 0 NONE No
020105420 964 Hensley
Ave. B2011-0066 ADU R
4/7/2023
1 1 1 0 NONE No
020168160 714 4th Ave. B2009-0053 ADU R 1/20/2023 1 1 1 0 NONE No 020415250 115 Linden Ave. ADU2301-0001 ADU R
1/12/2023
1 1 1 0 NONE No
020413170 133 Elm Ave. ADU2302-0001 ADU R
2/16/2023
1 1 1 0 NONE No
020351720 126 Anza Way ADU2302-0002 ADU R
2/17/2023
1 1 1 0 NONE No
019111430 130 Kent Ct. ADU2303-0001 ADU R
3/1/2023
1 1 1 0 NONE No
017352070 2571 Olympic
Dr. ADU2303-0002 ADU R
3/2/2023
1 1 NONE No
020274020 855 Jenevein
Ave. ADU2303-0003 ADU R
3/7/2023
1 1 1 0 NONE No
020383220 212 East Ave. ADU2304-0001 ADU R
4/5/2023
1 1 NONE No
020196070 633 2nd Ave. ADU2304-0002 ADU R
4/10/2023
1 1 1 0 NONE No
020273020 955 Jenevein
Ave. ADU2305-0001 ADU R
5/15/2023
1 1 1 0 NONE No
020243010 553 Hazel Ave. ADU2305-0002 ADU R
5/23/2023
1 1 NONE No
020263140 451 Chestnut
Ave. ADU2306-0001 ADU R
6/13/2023
1 1 NONE No
017462040 150 Merced Dr. ADU2307-0001 ADU R
7/10/2023
1 1 1 0 NONE No
020152190 785 Walnut Ave. ADU2307-0002 ADU R
7/17/2023
1 1 NONE No
020263400 484 Cherry Ave. ADU2307-0003 ADU R
7/25/2023
1 1 NONE No
019072130 2209 Hamilton
Ave. ADU2307-0004 ADU R
7/31/2023
1 1 1 0 NONE No
020202050 335 Angus Ave.

E. ADU2308-0002 ADU R
8/10/2023
1 1 1 0 NONE No
017214120 2501
Rollingwood Dr. ADU2308-0003
ADU R
8/14/2023
1 1 NONE No
017420050 161 Allen Dr. ADU2308-0004 ADU R
8/23/2023
1 1 NONE No
Table A
Cells in grey contain auto-calculation formulas
51 Project Identifier Unit Types Proposed Units - Affordability by Household Incomes Density Bo Applica
10 Housing Development Applications Submitted

30 of 367

020282220 314 Hazel Ave. ADU2309-0001 ADU R
9/19/2023
1 1 NONE No
020192300 734 2nd Ave. ADU2309-0002 ADU R
9/26/2023
1 1 1 0 NONE No

31 of 367

Jurisdiction San Bruno ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 01/31/2031
Table A2
Streamlining Infill
Housing without
Financial Assistance or
Deed Restrictions
Term of
Affordability or
Deed Restriction
Notes
2 3 5 6 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Prior APN+ Current APN Street Address Project Name+ Local Jurisdiction Tracking ID
Unit Category
(SFA,SFD,2 to
4,5+,ADU,MH)
Tenure
R=Renter
O=Owner
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Entitlement
Date Approved # of Units issued
Entitlements
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Building Permits
Date Issued
# of Units Issued
Building Permits
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income
Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate-
Income
Deed
Restricted
Moderate-
Income Non
Deed
Restricted
Above
Moderate-
Income
Certificates of
Occupancy or other
forms of readiness
(see instructions)
Date Issued
# of Units
issued
Certificates of
Occupancy or
other forms of
readiness
How many of
the units were
Extremely Low
Income?
Please select the
streamlining
provision the
project was

APPROVED
pursuant to. (may
select multiple)
Infill Units?
Y/N+
Assistance Programs
for Each Development
(may select multiple -
see instructions)
Deed Restriction
Type
(may select
multiple - see
instructions)
For units affordable without
financial assistance or deed
restrictions, explain how the
locality determined the units
were affordable
(see instructions)
Term of Affordability or
Deed Restriction (years)
(if affordable in perpetuity
enter 1000)+
Number of
Demolished/Destroyed
Units
Demolished or
Destroyed Units
Demolished/De
stroyed Units
Owner or
Renter
Total Density Bonus Applied
to the Project (Percentage
Increase in Total Allowable
Units or Total Maximum
Allowable Residential G ross
Floor Area)
Number of Other
Incentives,
Concessions, Waivers,
or Other Modifications
Given to the Project
(Excluding Parking
Waivers or Parking
Reductions)
List the incentives,
concessions,
waivers, and
modifications
(Excluding Parking
Waivers or Parking
Modifications)
Did the project receive a
reduction or waiver of
parking standards? (Y/N)
Notes+
Summary Row: Start Data Entry Below 0 9 337 9 0 12 9 376 28 9 105 9 0 10 5 166 0 2 0 3 0 3 1 9 14 0 020402320 281 Acacia Ave. B2306-0039 ADU R 1 10/5/2023 1 1 10/5/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020413210 115 Elm Ave B2305-0016 ADU R 1 6/9/2023 1 1 6/9/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020251210 542 Hazel Ave B2304-0009 ADU R 1 10/20/2023 1 1 10/20/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020167210 764 5th Ave. B2301-0019 ADU R 1 7/11/2023 1 1 7/11/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020406570 240 Linden Ave B2207-0060 ADU R 1 4/20/2023 1 1 4/20/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020282270 326 Hazel Ave B2206-0082 ADU R 1 7/14/2023 1 1 7/14/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020205210 520 2nd Ave. B2205-0021 ADU R 1 5/25/2023 1 1 5/25/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020223340 466 Redwood B2203-0066 ADU R 1 11/2/2023 1 1 11/2/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 017263050 3291 Susan Dr. B2203-0052 ADU R 1 10/6/2023 1 1 10/6/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020114320 441 Euclid Ave. B2201-0056 ADU R 1 3/21/2023 1 1 3/21/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 017402260 1880 Monterey Dr B2111-0021 ADU R 1 3/16/2023 1 1 3/16/2023 1 1 9/26/2023 1 0 NONE Y 30/30/30/10 rule for ADUs 020053420 730 Sycamore
Ave B2101-0013 ADU R 1 4/27/2023 1 1 4/27/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020105420 964 Hensley Ave. B2011-0066 ADU R 1 4/7/2023 1 1 4/7/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020168160 714 4th Ave B2009-0053 ADU R 1 1/20/2023 1 1 1/20/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020415250 115 Linden Ave ADU2301-0001 ADU R 1 1/12/2023 1 1 1/12/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020413170 133 Elm Ave. ADU2302-0001 ADU R 1 2/16/2023 1 1 2/16/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020351720 126 Anza Way ADU2302-0002 ADU R 1 2/17/2023 1 1 2/17/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 019111430 130 Kent Ct. ADU2303-0001 ADU R 1 3/1/2023 1 1 3/1/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020274020 855 Jenevein Ave. ADU2303-0003 ADU R 1 3/7/2023 1 1 3/7/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020196070 633 2nd Ave ADU2304-0002 ADU R 1 4/10/2023 1 1 4/10/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020273020 955 Jenevein Ave. ADU2305-0001 ADU R 1 5/15/2023 1 1 5/15/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 017462040 150 Merced Dr. ADU2307-0001 ADU R 1 7/10/2023 1 1 7/10/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 019072130 2209 Hamilton
Ave ADU2307-0004 ADU R 1 7/31/2023 1 1 7/31/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020202050 335 Angus Ave E ADU2308-0002 ADU R 1 8/10/2023 1 1 8/10/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020192300 734 2nd Ave. ADU2309-0002 ADU R 1 9/26/2023 1 1 9/26/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020145100 557 Green Ave B2301-0018 ADU R 1 1/17/2023 1 1 1/17/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 017223100 2410 Fleetwood
Dr B2306-0056 ADU R 1 6/16/2023 1 1 6/16/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020152240 908 6th Ave. B2307-0006 ADU R 1 7/5/2023 1 1 7/5/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 017092340 2601 Evergreen
Dr B2307-0030 ADU R 1 7/14/2023 1 1 7/14/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020211100 569 Hawthorne
Ave CE2304-0001 ADU R 1 4/18/2023 1 1 4/18/2023 1 0 0 NONE Y 30/30/30/10 rule for ADUs 020126210
732 El Camino
Real Bell Lofts B2212-0038 5+ R
0 28 105 1 5/25/2023 134 0 14 SB 35 (2017) Y LIHTC DB units are deed restricted 55 0 40.0% 8 Development
Standards
Modification, On-
Site Improvements
Yes
one manager's unit
counted as moderate
021172130 116 San Marco
Ave UP23-001 SFD O 2 6/6/2023 2 0 0 0 NONE Y 30/30/30/10 rule for ADUs New SFD with ADU 021172120 116 San Marco
Ave UP23-002 SFD O 2 6/6/2023 2 0 0 0 NONE Y 30/30/30/10 rule for ADUs New SFD with ADU 020168230 760 4th Ave B2006-0057 ADU R 0 0 1 4/10/2023 1 0 NONE Y 30/30/30/10 rule for ADUs 020133080 633 Masson Ave B2009-0086 ADU R 0 1 12/22/2023 1 1 12/22/2023 1 0 NONE Y 30/30/30/10 rule for ADUs 020331610 1831 Parkview Dr. B1909-0052 ADU R 0 0 1 12/7/2023 1 0 NONE Y 30/30/30/10 rule for ADUs 020021380 1821 Cedarwood
Dr B2107-0051 ADU R 0 0 1 8/15/2023 1 0 NONE Y 30/30/30/10 rule for ADUs 020023140 1634 Juniper Ave B2108-0014 ADU R 0 0 1 10/20/2023 1 0 NONE Y 30/30/30/10 rule for ADUs 020134110 601 Easton Ave. B2108-0033 ADU R 0 0 1 6/1/2023 1 0 NONE Y 30/30/30/10 rule for ADUs 020111230 848 Mills Ave B2204-0003 ADU R 0 0 1 10/19/2023 1 0 NONE Y 30/30/30/10 rule for ADUs 101500060 235 Boardwalk
Ave B2305-0046 ADU R 1 5/18/2023 1 1 5/18/2023 1 1 8/21/2023 1 0 NONE Y 30/30/30/10 rule for ADUs 020019999 840 San Bruno
Ave. AR22-010 5+ R 337 4 11/7/2023
341
0 0 0 NONE Y LIHTC, LHTF DB units are deed restricted 55 0 80.0% 6 Development
Standards
Modification
Yes
four manager's units
counted as moderate
0 0 0
0 0 0
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0 0 0
Note: "+" indicates an optional field
Housing with Financial Assistance
and/or Deed Restrictions Demolished/Destroyed UnitsProject Identifier Annual Building Activity Report Summary - New Construction, Entitled, Permits and Completed Units Density Bonus
1 Unit Types Affordability by Household Incomes - Completed Entitlement Affordability by Household Incomes - Building Permits Affordability by Household Incomes - Certificates of Occupancy 4 7 10

32 of 367

Jurisdiction San Bruno ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
1 Projection Period 3 4
RHNA Allocation by
Income Level
Projection Period -
06/30/2022-
01/30/2023
2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date (all years)
Total Remaining
RHNA by Income
Level
Deed Restricted - 28 - - - - - - - - Non-Deed Restricted - 9 - - - - - - - - Deed Restricted - 105 - - - - - - - - Non-Deed Restricted 8 7 - - - - - - - - Deed Restricted - - - - - - - - - - Non-Deed Restricted 13 9 - - - - - - - - Above Moderate 1,483 1 5 - - - - - - - - 6 1,477 3,165
22 163 - - - - - - - - 185 2,980 5 6 7
Extremely low-Income
Need 2023 2024 2025 2026 2027 2028 2029 2030 2031 Total Units to Date
Total Units
Remaining
352 14 - - - - - - - - 14 338 285
Please note: For the last year of the 5th cycle, Table B will only include units that were permitted during the portion of the year that was in the 5th cycle. For the first year of the 6th cycle, Table B will only include units that were permitted since the start of the planning period. Projection Period units are in a separate column.

Total RHNA
Total Units
Income Level
Very Low
Low
Extremely Low-Income Units*
Note: units serving extremely low-income households are included in the very low-income RHNA progress and must be reported as very low-income units in section 7 of Table A2. They must also be reported in the extremely low-income category (section 13) in Table A2 to be counted as progress toward meeting the extremely low-income housing need determined pursuant to Government Code 65583(a)(1). *Extremely low-income houisng need determined pursuant to Government Code 65583(a)(1). Value in Section 5 is default value, assumed to be half of the very low-income RHNA. May be overwritten.

Progress toward extremely low-income housing need, as determined pursuant to Government Code 65583(a)(1).

Please Note: Table B does not currently contain data from Table F or Table F2 for prior years. You may login to the APR system to see Table B that contains this data.

Please note: The APR form can only display data for one planning period. To view progress for a different planning period, you may login to HCD's online APR system, or contact HCD staff at [email protected].
551
37 This table is auto-populated once you enter your jurisdiction name and current year data. Past year information comes from previous APRs.
22 Moderate
704
405
573
Please contact HCD if your data is different than the material supplied here 120
2 Table B
Regional Housing Needs Allocation Progress
Permitted Units Issued by Affordability
667

33 of 367

Jurisdiction San Bruno ANNUAL ELEMENT PROGRESS REPORT
Reporting Year 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Date of Rezone Rezone Type
2 4 5 6 7 9 10 11
APN Street Address Project Name+
Local
Jurisdiction
Tracking ID+
Date of Rezone Very Low-Income Low-Income Moderate-Income Above Moderate- Income
Rezone Type Parcel Size
(Acres)
General Plan
Designation Zoning Minimum
Density Allowed
Maximum
Density Allowed
Realistic
Capacity Vacant/Nonvacant Description of Existing
Uses
Note: "+" indicates an optional field
Cells in grey contain auto-calculation formulas
Summary Row: Start Data Entry Below
83 Project Identifier RHNA Shortfall by Household Income Category Sites Description 1 Sites Identified or Rezoned to Accommodate Shortfall Housing Need and No Net-Loss Law Table C

34 of 367

Jurisdiction San Bruno
Reporting Year 2023 (Jan. 1 - Dec. 31)
1 2 3 4
Name of Program Objective Timeframe in H.E Status of Program Implementation Program 1-A: Support
infrastructure upgrades.

Continue to seek funding to upgrade
and maintain infrastructure needed by
San Bruno’s housing supply.

Ongoing
The City Council adopted the Development Impact Fee (DIF) Ordinance in February 2019 to finance the upgrade and maintenance of City’s infrastructure needs to serve new residential, industrial and commercial development. In 2023, the fee underwent a CIP increase.

Program 1-B: Maintain and
expand the supply of small
lots
Conserve and expand the city’s supply
of small residential lots, where
compatible with surrounding
neighborhood character
2 years
City continues to support small lot subdivisions through the PUP review process such as the Crestmoor and Engvall residential projects where the proposed lot sizes are much less than the required 5,000 sq. ft.

Program 1-C: Conserve
second units in R-1 and R-
2 zones.

Continue to legalize second units in R-1
and R-2 zones that were constructed
prior to June 30, 1977 and that met the
Uniform Building Code at time of
construction.
2 years
Accessory Dwelling Unit ordinance that was adopted in 2017 and amended in 2021 to comply with State law. The City legalized three non-permitted ADUs in 2023.

Program 1-D: Pursue and
promote resources for
preservation and
rehabilitation
Publicize federal, State, and local
resources, both financial and
programmatic, to assist homeowners in
preventative maintenance and to
preserve and rehabilitate the City’s
existing housing supply
ongoing San Mateo County performs this service.

Program 1-E: Ensure
replacement housing
Develop a comprehensive program to
replace housing throughout the City to
accommodate all income levels
1 year N/A in 2023.

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Housing Programs Progress Report
Describe progress of all programs including local efforts to remove governmental constraints to the maintenance, improvement, and development of housing as identified in the housing element.

Table D
Program Implementation Status pursuant to GC Section 65583

35 of 367

Program 1-F: improve
legally non-conforming
residential uses..

Require replacement of any legal
housing unit that is demolished within
San Bruno.
1 year N/A in 2023.

Program 1-G: Support
historic preservation
Support preservation and reuse of
properties with historic character ongoing N/A in 2023.

Program 1-H: Allow fee
waivers for affordable
rehabilitation
Waive permit fees for affordable housing
rehabilitation achieved through the
Community Development Block Grant
(CDBG) program as well as through
other San Mateo County programs or
through non-profit agencies
ongoing N/A in 2023.

Program 1-I: Continue lead-
based paint abatement.

Provide information on local lead-based
paint abatement programs to ensure
safe and healthy living environments for
all residents
Ongoing Informational handouts are available on the City’s website and to customers at the planning and building counter.

Program 1-J: Ensure
renovations are
compatible with
neighborhood character.

Maintain design standards to ensure
that residential additions and
renovations are compatible with overall
neighborhood character.
1 year
Residential additions and renovations must be consistent with the City's adopted Residential Design Guidelines and TCP Design Guidelines. The guidelines are available on the City’s website.

Program 2-A: Update the
Zoning Ordinance to make
available adequate sites to
accommodate San Bruno’s
share of regional housing
need.

Revise the Zoning Ordinance to reflect
the San Bruno 2025 General Plan and
Transit Corridors Plan (2013), including
land use designations allowing mixed-
use development
3 years (completed)
In 2021, San Bruno adopted a zoning code update to achieve consistency with the 2009 General Plan and 2013 TCP Specific Plan utilizing approved SB2 and LEAP Grant funding. The code amendment also rezoned the El Camino Real corridor and the TCP area to allow mixed-use residential/commercial zoning to provide capacity for the City to satisfy its RHNA obligation.

Program 2-B: Transit
Corridors Plan
Implementation.

Develop strategies to implement the
adopted Transit Corridors Plan with the
goal, amongst others, of increasing
residential options in Downtown and
transit corridors in the vicinity of the
San Bruno Avenue Caltrain Station
completed in 2014.
1 year (completed)
In 2021, the City rezoned the TCP to implement the specific plan. The city will continue to monitor the extent to which the zoning regulations pose a constraint to housing development within the TCP.

36 of 367

Program 2-C: Support
identified housing
opportunities
Work with property owners and the
community to support and encourage
the redevelopment of identified
opportunity sites into mixed uses with
affordable housing components.

Ongoing
In 2023, the city worked with the owner of 732-740 El Camino Real, a property listed in San Bruno's 2015-2023 Housing Element sites inventory, to issue building permits to construct a multi-family building with 134 housing units.

There are several other properties from the sites inventory that are currently under planning review.

Program 2-D: Reuse
former school sites
Facilitate the reuse of former school
sites to accommodate affordable
housing.
2 years
In 2022, the City received applications to redevelop the former Crestmoor High School and former Engvall Middle School sites. Both projects were undergoing planning review in 2023.

Program 2-E: Consolidate
Lots.

Use City funds to facilitate lot
consolidation in support of the
redevelopment of housing opportunity
sites with affordable housing
2 years N/A in 2023.

Program 2-F: Ensure
compatibility of new
housing with
neighborhood character.

Use Residential Design Guidelines and
Transit Corridors Plan Design
Guidelines to ensure that new housing
development proposals are compatible
with existing neighborhood character.
1 year
The City applied the design guidelines from the Transit Corridors Plan in its review and approval of 732-740 El Camino Real and 840 San Bruno Ave. and is applying the guidelines to other projects within the specific plan area.

Program 2-G: Provide
senior housing for a range
of income levels.

Identify opportunities for the creation of
affordable units for seniors who do not
qualify for deed-restricted units due to
equity in their current homes
Ongoing No affordable senior units were approved in 2023.

Program 2-H: Encourage
moderate-income for-sale
housing.

Encourage moderate-income for-sale
housing within the Multi Use-Residential
Focus area along El Camino Real.

Ongoing
The City is currently reviewing several residential projects (Crestmoor, Engvall, Glenview Highlands) which include provisions for moderate-income for-sale housing units.

Program 2-I: Provide
affordable housing
education.

Develop and implement an ongoing
voter education program to inform
residents of the need for affordable
housing and ways the electorate can
support its development
2 years The City continually provides information about affordable housing and the affordable housing impact fee ordinance on the City's website.

Program 2-J: Conduct
annual performance
evaluations and ensure
consistency with the
General Plan and Transit
Corridors Plan.

During annual review of the General
Plan, monitor, evaluate, and document
housing program performance and
consistency with General Plan goals and
policies
Ongoing Staff performs planning review of each project, and Housing Element APR on an ongoing basis.

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Program 3-A: Publicize
affordable housing
financing strategies.

Publicize the various financing
strategies for development and
expansion of affordable housing
Ongoing Information about the City's Affordable Housing Program is posted on the City's website. The City will be updating the webpage in the sixth planning cycle.

Program 3-B: Support the
Housing Choices Voucher
Program.

Continue to participate in San Mateo
County Housing Authority’s Housing
Choices Voucher program (formerly
Section 8).

Ongoing The City signed an agreement with the County to administer CDBG and HOME funds on behalf of the City.

Program 3-C: Monitor
compliance with financing
terms.

Ensure that units built with long-term
affordability requirements are actually
occupied by lower-income households.
(See also Program 5-E)
Ongoing
City staff continues to annually review certificates of compliance for the 325 affordable rental units at the Crossing, including 97 very low-income units at the Avalon Bay apartments, and 228 extremely low, very low and low income units the Village Senior Apartments
Program 3-D: Promote the
Mortgage Credit Certificate
Program.

The City will continue to participate in
and promote San Mateo County’s
Mortgage Credit Certificate (MCC)
program for first-time homebuyers
Ongoing N/A in 2023.

Program 3-E: Facilitate
reasonable
accommodations.

Facilitate the development, maintenance
and improvement of housing for
persons with disabilities by
implementing Reasonable
Accommodations program.
1 year (completed) Ordinance adopted in 2015
Program 3-F:

Accommodate
manufactured housing.

Continue to permit manufactured
housing in single family zones. 1 year Manufactured housing can be permitted as an Accessory Dwelling Unit.

Program 3-G: Permit child
care by right in residential
districts
Permit child care by right in residential
zoning districts. Ensure that land use
regulations consistently allow childcare
services by right in all residential zones
in accordance with State law
1 year Municipal Code allows childcare by right in residential zoning districts Program 3-H: Reduce
parking requirements.

Reduce parking requirements for new or
reuse housing projects along transit
corridors and adjacent to transit
stations, as well as within the Medium
Density (R-3) and High Density (R-4)
zones.
1 year (completed)
Completed. City’s zoning code update related to parking standards was initiated in 2019 and adopted by City Council in February 2020. The updated parking code allows various parking reduction options such as mechanical stackers, in-lieu fees, tandem parking configuration and reduced parking requirement for multi- family residential uses.

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Program 3-I: Support
condominium
conversions,
cooperatives, and other
affordable housing
ownership options.

Support condominium conversions,
cooperatives, and other affordable
housing ownership options. Facilitate
condominium conversions, limited
equity stock cooperatives, and
community apartments to ensure
affordable ownership choices within the
housing supply.
1 year The city did not receive any applications in 2022 for condominium conversions, cooperatives, or other affordable housing ownership options.

Program 3-J: Adopt an
affordable housing impact
fee.

Conduct a nexus study that
demonstrates the relationship between
new housing or jobs and the need for
affordable housing in San Bruno and
determine a permissible and reasonable
fee level for both residential and
commercial development.
1 year
The City Council adopted an Affordable Housing Impact Fee ordinance for new residential and commercial development in 2016. The impact fee was adjusted in 2019, 2021, and again in 2022 based on the regional index. In combination with fees previously collected through the Below Market Rate Housing Program, the affordable housing fund contains over $13.0 million.

Program 4-A: Promote
energy conservation.

Continue to publicize and encourage
energy conservation programs,
including weatherization programs.
2 years
The city adopted an expedited review process for residential rooftop solar permits. Information and applications are posted on the Building Division webpage.

Program 4-B: Support
household and business
participation in energy
conservation and
efficiency programs
through PG&E and the
State.

City Staff will work to promote and
support participation energy efficiency
and conservation programs described in
Chapter 2 in order to help reduce long-
term housing costs for residents
(including low-income residents), help
meet local greenhouse gas reduction
targets under AB 32, and increase the
sustainability of the local energy supply
1 year Energy efficiency information is posted on the City's website and provided to customers at the Community Development counter.

Program 4-C: Facilitate
noise insulation retrofits.

Continue to pursue funding for noise
insulation from the San Francisco
International Airport and educate
residents about program benefits.
4 years The City issued six noise insulation permits in 2023.

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Program 4-D: Ensure
adequate water and sewer
service and reduce water
waste.

Work with the San Francisco Public
Utilities Commission (SFPUC) and local
departments to ensure that there are
adequate water and sewer services for
new development, affordable housing
receives priority for these services, and
new development uses best
management practices to reduce water
waste.
1 year
Water and sewer system upgrades are ongoing consistent with the City’s Capital Improvement Program. In calendar year 2021, the City initiated the following water projects. Construction of new water main lines and design of the improvements in the Avenues neighborhoods. Replacement of water pump station and equipment at Sneath Lane, Lake Drive, Whitman and Princeton. Tank replacement and seismic retrofits at Cunningham and Sweeney Ridge water tanks.

Program 4-E: Encourage
drought-resistant
landscaping.

Implement water conservation and
drought-resistant landscaping
guidelines and standards
1 year
City is in full compliance with the State Model Water Efficient Landscape Ordinance which requires all new projects to comply with the State regulations for planting or replanting of drought tolerant landscaping.

Program 5-A: Support the
Below Market Rate
Housing Ordinance.

Through education and enforcement of
the Below Market Rate Housing
Ordinance (adopted 2008), provide
guidelines for developers to comply with
the City’s inclusionary housing
requirements
Once a year N/A in 2023.

Program 5-B: Implement
San Bruno’s density
bonus regulations.

Offer a density bonus of up to 35
percent and incentives or concessions
based on the number of affordable units
in the development and a flat density
bonus of 20 percent for all senior
housing in accordance with State
density bonus regulations (Government
Code 65915)
1 year (completed)
In 2021, the City updated its Density Bonus Ordinance to achieve consistency with State Law. As a result, the City approved a density bonus request for 732 - 740 El Camino Real and 840 San Bruno Ave. and is currently reviewing two other projects seeking to use density bonus provisions.

Program 5-C: Provide
financial incentives for
affordable condominium
conversions.

Create incentives for condominium
conversions that provide affordable
housing
1 year N/A in 2023.

Program 5-D: Provide
financial assistance to
facilitate affordable
housing development.

Use the Below Market Rate Housing
Fund to increase, improve, and preserve
the community’s supply of low- and
moderate-income housing in San Bruno
Once a year The City collected affordable housing impact fees from the YouTube project and now has more than $13.0M in its affordable housing fund.

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Program 5-E: Increase the
supply of housing for large
families.

Encourage diversity in unit size to
ensure that 3- and 4-bedroom affordable
rental housing units are provided for
large families.

Ongoing San Bruno approved the 100% affordable housing project at 840 San Bruno Ave. which includes includes 341 housing units with a mix of larger units.

Program 5-F: Expedite
review and waive fees for
affordable housing.

Continue to expedite review and waive
planning and building fees for
developers of affordable housing and
housing for seniors and persons with
disabilities
Ongoing The City supported a request by the applicant of 732-740 El Camino Real to defer payment of development impact fees until issuance of certificate of occupancy Program 5-G: Modify
regulations to encourage
affordable housing.

Modify development regulations in
specific zoning districts to encourage
housing affordable to very-low, low-,
and moderate-income households
1 year (completed)
San Bruno updated its below market rate housing ordinance in 2021 to reallocate the amount of affordable units required for moderate, low, and very-low income households based on ownership or rental status of the unit. The update also requires onsite units for all future residential development as the default and in- lieu payment as a Council approved alternative. The change to onsite units is designed to increase the supply of affordable housing in the City and ensure the availability of affordable units is not delayed until the City has accumulated sufficient in-lieu funds to commence a City-owned affordable housing construction project.

Program 5- H: Prevent
Potential displacement of
existing lower-income
residents within San
Bruno’s Priority
Development Area (PDA).

Quantify, develop and evaluate potential
strategies to address displacement of
lower income residents. Displacement
might be direct, caused by the
redevelopment of sites with existing
residential properties, or indirect,
caused by increased market rents as an
area becomes more desirable.
2 years
The City's Affordable Housing Program ordinance requires new housing projects to provide at least 15 percent of units as affordable to lower and moderate income households, with preferences for existing residents. Staff provides information about resources available in San Mateo County to people seeking affordable housing and promotes the HIP Housing's Shared Housing Program.

Program 5-I: Promote the
Second Unit Ordinance.

Continue to inform homeowners about
the Second Unit Ordinance which
permits second units by-right on
appropriate residential sites.

Once a year The City continues to inform homeowners of ADU laws through its ADU webpage. The city received permits for 54 ADUs in 2023.

Program 5-J: Explore and
consider new strategies to
increase affordable
housing.

Given the loss of redevelopment
agencies and the state court decision in
Palmer v. City of Los Angeles (2009),
which invalidated San Bruno’s BMR
program for rental housing, the City will
explore new opportunities and
strategies to facilitate financing and
development of affordable housing
2 years
San Bruno amended its Affordable Housing provisions in 2021 to require on-site affordable units by default. This ensures that affordable units are provided, distributed throughout the city, and integrated with market-rate housing units.

None of the city's deed restricted affordable housing units are at risk of conversion to market rate.

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Program 6-A: Promote fair
housing.

Continue to adhere to State and federal
fair housing and non-discrimination
laws to ensure that housing
opportunities are provided for all
persons regardless of race, religion, sex,
marital status, ancestry, national origin,
color, family status, or disability
1 year
The City considered enacting an Urgency Ordinance in November 2019 to provide interim rent stabilization and just cause eviction protections to tenants in advance of AB 1482. The city didn’t adopt a residential eviction moratorium because the County adopted one that applied county-wide.

Program 6-B: Support
organizations that provide
housing services.

Cooperate with and support
organizations providing housing
information, counseling, and referral
services, and handling complaints of
housing discrimination
Ongoing The City continues to provide funding for HIP Housing, a non-profit organization that provides housing services to San Mateo County residents.

Program 6-C: Support
shared housing programs.

Continue to support shared housing
programs and to promote such
programs through the Senior Center and
other local agencies
Ongoing The City provides yearly funding to HIP Housing which administers a homesharing program in the county.

Program 6-D:

Accommodate city’s share
of emergency (homeless)
shelter need.

Complete the process to amend the
Zoning Ordinance to permit emergency
(homeless) shelter facilities by right
(that is, as a permitted use, without
requiring a conditional use permit) to
meet the City’s identified need for 32
beds, in accordance with State law
1 year
The City adopted an emergency shelter ordinance 2015 that satisfied state law at the time. State laws regarding emergency shelters have since changed. San Bruno will be updating its emergency shelter regulations in the sixth planning cycle.

Program 6-E: Address
identified need for
extremely-low income and
supportive housing.

Evaluate and amend the Zoning
Ordinance as appropriate to comply with
state law (GC Section 65583(a)(5) and
investigate opportunities to create
supportive housing units in accordance
with the City’s share of countywide need
identified in the San Mateo County
HOPE Plan
Once a year
The City amended its regulations regarding supportive housing units in 2021.

Due to changes in state law regarding these uses, San Bruno will be updating its supportive housing regulations in the sixth planning cycle.

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Program 6-F: Participate in
regional coordination on
homelessness.

Work with other cities, agencies, and the
County to address needs of the
homeless.

Ongoing
The City continues to provide $10,000 in annual funding to LifeMoves and participates in the County-wide quarterly Homelessness Advisory Committee meetings. LifeMoves supports the City in working closely with homeless individuals and their families such as providing service for those who are on the street or in a vehicle. LifeMoves’ ultimate goal is to establish stable housing and long-term self-sufficiency for the homeless populations.

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Jurisdiction San Bruno ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Very Low
Income
Low
Income
Moderate
Income
Above Moderate
Income
Description of Commercial
Development Bonus
Commercial Development Bonus
Date Approved
Summary Row: Start Data Entry Below
Units Constructed as Part of Agreement
Commercial Development Bonus Approved pursuant to GC Section 65915.7 Table E
Note: "+" indicates an optional field
Project Identifier
1 2
Cells in grey contain auto-calculation
formulas
(CCR Title 25 §6202)
Annual Progress Report January 2020

44 of 367

For detailed reporting requirements, see the chcklist
here:

Extremely Low-
Income+ Very Low-Income+ Low-Income+ TOTAL UNITS+
Extremely Low-
Income+
Very Low-
Income+ Low-Income+ TOTAL UNITS+
https://www.hcd.ca.gov/community-
development/docs/adequate-sites-checklist.pdf
Rehabilitation Activity
Preservation of Units At-Risk
Acquisition of Units
Mobilehome Park Preservation
Total Units by Income
Table F
Please note this table is optional: The jurisdiction can use this table to report units that have been substantially rehabilitated, converted from non-affordable to affordable by acquisition, and preserved, including mobilehome park preservation, consistent with the standards set forth in Government Code section 65583.1, subdivision (c). Please note, motel, hotel, hostel rooms or other structures that are converted from non-residential to residential units pursuant to Government Code section 65583.1(c)(1)(D) are considered net-new housing units and must be reported in Table A2 and not reported in Table F.

Activity Type
Units that Do Not Count Towards RHNA+
Listed for Informational Purposes Only
Units that Count Towards RHNA +
Note - Because the statutory requirements severely limit what can be counted, please contact HCD at [email protected] and we will unlock the form which enable you to populate these fields.

Units Rehabilitated, Preserved and Acquired for Alternative Adequate Sites pursuant to Government Code section 65583.1(c) Annual Progress Report January 2020

45 of 367

Jurisdiction San Bruno ANNUAL ELEMENT PROGRESS REPORT
Note: "+" indicates
an optional field
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Cells in grey contain auto-calculation formulas Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Notes
2 3 6
Prior APN+ Current APN Street Address Project Name+
Local
Jurisdiction
Tracking ID
Unit Category
(2 to 4,5+)
Tenure
R=Renter
Very Low-
Income Deed
Restricted
Very Low-
Income Non
Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate-
Income Non Deed
Restricted
Above
Moderate-
Income
Total Moderate Income Units
Converted from Above
Moderate
Date Converted Notes
Summary Row: Start Data Entry Below 0 0 0 0 0 0 0 0
Table F2
Above Moderate Income Units Converted to Moderate Income Pursuant to Government Code section 65400.2 For up to 25 percent of a jurisdiction’s moderate-income regional housing need allocation, the planning agency may include the number of units in an existing multifamily building that were converted to deed-restricted rental housing for moderate-income households by the imposition of affordability covenants and restrictions for the unit. Before adding information to this table, please ensure housing developments meet the requirements described in Government Code 65400.2(b). 5 Project Identifier Unit Types
1 4
Affordability by Household Incomes After Conversion Units credited toward Moderate Income RHNA

46 of 367

Jurisdiction San Bruno
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031 ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation
2 3 4
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Realistic Capacity
Identified in the
Housing Element
Entity to whom the site
transferred Intended Use for Site
1 Summary Row: Start Data Entry Below
Note: "+" indicates an optional field
Cells in grey contain auto-calculation
formulas
Table G
Locally Owned Lands Included in the Housing Element Sites Inventory that have been sold, leased, or otherwise disposed of Project Identifier
NOTE: This table must only be filled out if the housing element sites inventory contains a site which is or was owned by the reporting jurisdiction, and has been sold, leased, or otherwise disposed of during the reporting year.

47 of 367

Jurisdiction San Bruno Note: "+" indicates an optional field Reporting Period 2023
(Jan. 1 - Dec.
31)
Cells in grey contain auto-calculation
formulas
Designation Size Notes
1 2 3 4 5 6 7
APN Street Address/Intersection Existing Use Number of
Units
Surplus
Designation
Parcel Size (in
acres) Notes
NOTE: This table must contain an invenory of ALL
surplus/excess lands the reporting jurisdiction owns
Summary Row: Start Data Entry Below
Parcel Identifier

ANNUAL ELEMENT PROGRESS REPORT
Housing Element Implementation
Table H
Locally Owned Surplus Sites
For San Mateo County jurisdictions, please format the APN's as follows:999-999-999

48 of 367

Jurisdiction San Bruno ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31) Housing Element Implementation Planning Period 6th Cycle 01/31/2023 - 01/31/2031
Project Type Date
2 3
APN Street Address Project Name+ Local Jurisdiction
Tracking ID+
Unit Category
(SH - Student Housing) Date Very Low- Income
Deed Restricted
Very Low- Income
Non Deed
Restricted
Low- Income Deed
Restricted
Low- Income
Non Deed
Restricted
Moderate- Income
Deed Restricted
Moderate- Income
Non Deed
Restricted
Above
Moderate-
Income
Summary Row: Start Data Entry Below
Not
Cells in g
Table J
Student housing development for lower income students for which was granted a density bonus pursuant to subparagraph (F) of paragraph (1) of subdivision (b) of Section 65915 Project Identifier Units (Beds/Student Capacity) Approved 1 4
NOTE: STUDENT HOUSING WITH DENSITY BONUS ONLY. This
table only needs to be completed if there were student housing projects WITH a density bonus approved pursuant to
Government Code65915(b)(1)(F)
Annual Progress Report January 2020

49 of 367

Jurisdiction San Bruno ANNUAL ELEMENT PROGRESS REPORT
Reporting Period 2023 (Jan. 1 - Dec. 31)
Planning Period 6th Cycle 01/31/2023 - 01/31/2031
NoDoes the Jurisdiction have a local tenant preference policy? If the jurisdiction has a local tenant preference policy, provide a link to the jurisdiction's webpage on their internet website containing authorizing local ordinance and supporting materials.

Notes
Table K
Tenent Preference Policy
Local governments are required to inform HCD about any local tenant preference ordinance the local government maintains when the jurisdiction submits their annual progress report on housing approvals and production, per Government Code 7061 (SB 649, 2022, Cortese). Effective January 1, 2023, local governments adopting a tenant preference are required to create a webpage on their internet website containing authorizing local ordinance and supporting materials, no more than 90 days after the ordinance becomes operational.

50 of 367

Jurisdiction San Bruno
Reporting Year 2023 (Jan. 1 - Dec. 31)
Total Award Amount Total award amount is auto-populated based on amounts entered in rows 15-26.

Task $ Amount Awarded $ Cumulative Reimbursement
Requested
Other
Funding Notes
Contract Associate Planner services
for Housing Element $150,000.00 $1,705.00 REAP
Contract in-house Associate
Planner services for Housing
Element
$150,000.00 $85.00 REAP
Contract Associate Planner services
for Housing Element $150,000.00 $1,700.00 REAP
Contract in-house Associate
Planner services for Housing
Element
$150,000.00 $7,012.50 REAP
Contract in-house Associate
Planner services for Housing
Element
$150,000.00 $1,275.00 REAP
Aug 2021 - Dec. 2022 consultant
services for Hosuing Element $150,000.00 $70,973.75 REAP Total reimbursement requested
before 2023 $150,000.00 $67,187.50 REAP
Summary of entitlements, building permits, and certificates of occupancy (auto-populated from Table A2) Current Year
Deed Restricted 0
Non-Deed Restricted 9
Deed Restricted 337
Non-Deed Restricted 9
Deed Restricted 0
Non-Deed Restricted 12
9 376
Current Year
Deed Restricted 28
Non-Deed Restricted 9
Deed Restricted 105
Non-Deed Restricted 9
Deed Restricted 0
Non-Deed Restricted 10
5 166
Current Year
Deed Restricted 0
Non-Deed Restricted 2
Deed Restricted 0
Non-Deed Restricted 3
Deed Restricted 0
Non-Deed Restricted 3
1 9
Moderate
Above Moderate
Total Units
Completed Entitlement Issued by Affordability Summary
Income Level
Very Low
Low
Moderate
Above Moderate
Total Units
Building Permits Issued by Affordability Summary
Income Level
Very Low
Low
Total Units
Certificate of Occupancy Issued by Affordability Summary Income Level
Very Low
Low
Moderate
Above Moderate
Completed
Completed
Completed
Completed

ANNUAL ELEMENT PROGRESS REPORT
Local Early Action Planning (LEAP) Reporting
(CCR Title 25 §6202)
Completed
Please update the status of the proposed uses listed in the entity’s application for funding and the corresponding impact on housing within the region or jurisdiction, as applicable, categorized based on the eligible uses specified in Section 50515.02 or 50515.03, as applicable.
1,050,000.00$
Task Status
Completed
Completed

51 of 367

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: March 12, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Matthew Lee, P.E., Public Works Director
Calvin Iwan, Assistant Engineer
SUBJECT: Consider Adoption of a Resolution:
• Accepting the Transit Corridor Pedestrian Connection Improvements Phase IV Project at San Bruno Avenue and Green Avenue as Complete;
• Authorizing the Filing of Notice of Completion with the San Mateo County Recorder’s Office; and
• Authorizing the Release of the Construction Contract Retention in the Amount of $20,599.68
BACKGROUND:

The City of San Bruno (City) seeks to improve accessibility and safety along the streets of El Camino Real, San Bruno Avenue, and Huntington Avenue in the core of the City by implementing the Transit Corridors Plan (TCP), which was adopted in February 2013. The transit corridors are the City’s principal commercial and residential streets that provide pedestrian, bicycle and auto connections to public transit, including SamTrans bus routes, the BART station and Caltrain station.

The Transit Corridors Pedestrian Connection Improvements project was approved in the City’s Capital Improvement Program (CIP) budget to create a pedestrian oriented environment, improve streetscape, and ensure ease of access to public areas, transit stations, and private developments. The CIP includes four projects within the Transit Corridor Pedestrian Connection Improvement Program to create a pedestrian-oriented environment, improve streetscape, and ensure access to and between public areas/transit stations and private developments along the downtown corridor.

The first project, completed in 2012, consisted of the construction of accessible curb ramps, sidewalk repairs, and planting of street trees along San Bruno Avenue from El Camino Real to Huntington Avenue. The second project constructed intersection improvements at three intersections along San Bruno Avenue at Easton, Masson, and Mills Avenues. The third project was the Huntington Avenue Landscape Improvement Project that consisted of landscaping improvements along Huntington Avenue.

In September 2022, the City Received a federal grant, the Quick-Strike MTC Fund, for the fourth project consisting of construction of pedestrian safety improvements such as curb extensions and median refuges at the intersection of San Bruno Avenue West and Green Ave. 52 of 367
Item 6e
Honorable Mayor and Members of the City Council
March 12, 2024

Page 2 of 3 ends

7 7
3 DISCUSSION:

On February 14, 2023, the City Council approved a construction contract with Interstate Grading & Paving, Inc. in the amount of $399,533.00 with a construction contingency of $60,000. The scope of work included installation of Rectangular Rapid Flashing Beacons that provides additional notification of crossing pedestrians, 3,255 square feet storm drain inlet with trash capture device, 47 feet of 12” storm drainpipe and alterations to the curb ramps to comply with the current ADA standards.

Change orders were issued to Interstate Grading & Paving, Inc. during the construction due to unforeseen conditions and work scope changes. The change orders included an increase in bid item quantities, installation of a storm drain junction box and grate, and installing crosswalk signs. The final change order amount was $12,460.62. The total contract amount is $411,993.62.

All construction work as part of this contract has been completed to the satisfaction of the City’s project management team. There are no unresolved stop notices or outstanding construction claims for this project. The construction contract required a 5% retention, which totals $20,599.68, to be withheld by the City. Staff recommends that the City Council accept the project as complete, authorize filing a Notice of Completion with the San Mateo County Recorder’s Office, and approve release of the contract retention.

Additionally, because of the specifications tied to federal aid projects, a greater-than-usual amount of construction management staff time was needed.

FISCAL IMPACT:

The Transit Corridor Pedestrian Connection Improvements Project Phase IV is an established Capital Improvement Project with an approved CIP total budget of $604,447.00 to complete the design, bid, and construction phases. As detailed below, the total expenditure for the project was approximately $575,650.71.

Description Expenditure
Design Contract (Bellicci & Associates) $ 20,060.00 Staff Management for Design $ 26,206.33
Construction Contract (Interstate Grading & Paving, Inc.) $ 411,993.62 Materials & Compaction Testing (Pavement Engineering, Inc.) $ 11,197.50 Construction Management $ 59,497.43
Construction Inspection (Consor PMCM, Inc.) $ 39,271.05 Reproduction & Advertisement $ 7,424.78
Total: $ 575,650.71
ENVIRONMENTAL IMPACT:

The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

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Honorable Mayor and Members of the City Council
March 12, 2024

Page 3 of 3 ends

7 7
3 RECOMMENDATION:

Consider Adopting a Resolution:
· Accepting the Transit Corridor Pedestrian Connection Improvements Phase IV Project at San Bruno Avenue and Green Avenue as complete;
· Authorizing the filing of Notice of Completion with the San Mateo County Recorder’s Office; and
· Authorizing the release of the construction contract retention in the amount of $20,599.68 ALTERNATIVES:

1. Do not accept the construction contract as complete and do not authorize filing of a Notice of Completion. This could result in a claim being filed if there is not a valid reason for not releasing the retention to the contractor.

ATTACHMENTS:

1. Resolution

2. Project Acceptance Information Form

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RESOLUTION NO. 2024 - ___

A RESOLUTION ACCEPTING THE TRANSIT CORRIDOR PEDESTRIAN CONNECTION IMPROVEMENTS PHASE IV PROJECT AS COMPLETE; AUTHORIZING THE FILING OF NOTICE OF COMPLETION WITH THE SAN MATEO COUNTY RECORDER’S OFFICE; AND

AUTHORIZING RELEASE OF THE CONSTRUCTION CONTRACT RETENTION IN THE AMOUNT OF $20,599.68
WHEREAS, the City of San Bruno (City) seeks to improve accessibility and safety along the streets of El Camino Real, San Bruno Avenue, and Huntington Avenue in the core of the City by implementing the Transit Corridors Plan (TCP), which was adopted in January 2013; and WHEREAS, the Transit Corridors Pedestrian Connection Improvements project was adopted in the City’s Capital Improvement Program (CIP) budget to create a pedestrian oriented environment, improve streetscape, and ensure ease of access to public areas, transit stations, and private developments; and
WHEREAS, the City’s Capital Improvement Program (CIP) includes four projects within the Transit Corridor Pedestrian Connection Improvement Program to create a pedestrian-oriented environment, improve streetscape, and ensure access to and between public areas/transit stations and private developments along the downtown corridor; and WHEREAS, the first project, completed in 2012, consisted of the construction of accessible curb ramps, sidewalk repairs, and planting of street trees along San Bruno Avenue from El Camino Real to Huntington Avenue; and
WHEREAS, the second project constructed intersection improvements at three intersections along San Bruno Avenue at Easton, Masson, and Mills Avenues; and WHEREAS, the third project was the Huntington Avenue Landscape Improvement Project that consisted of landscaping improvements along Huntington Avenue that had been removed from the first project; and
WHEREAS, in September 2022, the City Received a federal grant, the Quick-Strike MTC Fund, for the fourth project consisting of construction of pedestrian safety improvements such as curb extensions and median refuges at the intersection of San Bruno Avenue West and Green Ave; and
WHEREAS, on February 14, 2023, the City Council approved a construction contract with Interstate Grading & Paving, Inc. in the amount of $399,533.00 with a construction contingency of $60,000; and
WHEREAS, work included installation of Rectangular Rapid Flashing Beacons that provides additional notification of crossing pedestrians, 3,255 square feet storm drain inlet with trash capture device, 47 feet of 12” storm drain pipe and bringing the curb ramps up to the current ADA standards; and
WHEREAS, change orders were issued to Interstate Grading & Paving, Inc. during the construction due to unforeseen conditions and work scope changes which included increase in bid item quantities, installation of a storm drain junction box and grate, and installing crosswalk signs; and
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ATTACHMENT 1
2 WHEREAS, the final change order amount was $12,460.62 and the total contract amount is $411,993.62; and
WHEREAS, the construction contract requires the filing of a Notice of Completion of this project with the San Mateo County Recorder’s Office and release of the construction contract retention in the amount of $20,599.68 upon the acceptance of the project as complete.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:
•Accepts the Transit Corridor Pedestrian Connection Improvements Phase IV Project as complete;
•Authorizes the filing of a Notice of Completion with the San Mateo County Recorder’s Office; and
•Authorizes release of the construction contract retention in the amount of $20,599.68; ---oOo---
I hereby certify that 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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1 PUBLIC WORKS DEPARTMENT
Capital Improvement Program
Project Acceptance Information Form
As of February 2, 2024
Contract Name:

Transit Corridor Pedestrian
Connection Improvements
Phase IV Project
Contract No.: 60030
Construction Contractor: Intestate Grading & Paving, Inc.

Construction Management
and Inspection Services Consor PMCM, Inc.
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ATTACHMENT 2
2 Project Information:

Project Description:

This Project consists of installing rectangular rapid flashing beacons, trash capture device, replacing approximately 47 feet of existing storm drain pipe on Green Avenue, remove and replacing concrete sidewalk, driveway and updating four ADA curb ramps.

Construction
Contract Award: Interstate Grading & Paving, Inc. – February 14, 2023 Start of Construction: May 2023
Contract Change
Orders (CCO):

Change orders were issued to Interstate Grading & Paving, inc. during the construction due to unforeseen conditions, and work scope changes. The change orders included increase in bid item quantities, installation of a storm drain junction box and grate, and installing cross walk signs. The change orders with quantities adjustment totaled $12,460.62.

Substantial
Completion: October 2023
Final Completion: October 2023
Notice of
Completion: Scheduled for filing on March 15, 2024

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3 Construction Project Costs:

Budget Actual
AVAILABLE PROJECT CAPITAL BUDGET $ 604,447.00
TOTAL PROJECT $ 601,927.00 $ 575,650.71
Design Contract (Bellecci & Associates) $ 22,904.00 $ 20,060.00 Staff Management for Design $ 15,000.00 $ 26,206.33 Construction Contract (Interstate Grading & Paving, Inc.) $ 399,533.00 $ 399,533.00 Construction Contingency (15%) $ 60,000.00
Contract Change Orders CCOs $ - $ 12,460.62 Materials & Compaction Testing (Pavement Engineering, Inc.) $ 14,490.00 $ 11,197.50 Estimated Construction Management $ 52,314.04 $ 59,497.43 Construction Inspection (Consor PMCM, Inc.) $ 37,685.96 $ 39,271.05 Reproduction & Advertisement $ - $ 7,424.78

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: March 12, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Darcy Smith, Assistant City Manager
Ashley Crociani, Management Analyst
SUBJECT: Consider Adoption of a Resolution Opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act
BACKGROUND:

On January 4, 2022, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A11 (“The CBRT Initiative”). On February 1, 2023, the measure qualified for the November 2024 California statewide ballot. The California Business Roundtable is comprised of major corporations including big real estate developers and investors, oil, insurance, pharmaceutical companies and more. Additional proponents include the Howard Jarvis Taxpayers Association and the California Business Properties Association.

Major Provisions
Major provisions of the CBRT Initiative are summarized below.

Fees and Charges:
• Except for licensing and other regulatory fees, fees and charges may not exceed the “actual cost” of providing the product or service for which the fee is charged. “Actual cost” is the “minimum amount necessary.” The burden to prove the fee or charge does not exceed “actual cost” is changed to “clear and convincing” evidence. • Requires fees and charges paid for the use of local and state government property and the amount paid to purchase or rent government property to be “reasonable.” These fees and charges are currently allowed to be market-based. Whether the amount is “reasonable” (introducing a new legal standard aiming to force below market fee and charge amounts) must be proved by “clear and convincing evidence.” The standard may significantly reduce the amount large companies (e.g., oil, utilities, gas, railroads, garbage/refuse, cable, and other corporations) will pay for the use of local public property.
1 https://oag.ca.gov/system/files/initiatives/pdfs/21-0042A1%20%28Taxes%29.pdf 60 of 367
Item 6f.

Honorable Mayor and Members of the City Council
March 12, 2024

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7 7
4 •Prohibits fees on new development based on vehicle miles traveled.

Taxes:
•Taxes and fees adopted after January 1, 2022, that do not comply with the new rules, are void unless reenacted.
•Invalidates Upland decision that allows a majority of local voters to pass special taxes.

The measure specifies that taxes proposed by the initiative are subject to the same rules as taxes placed on the ballot by a city council.
•Expressly prohibits local advisory measures which allow local voters to express a preference for how local general tax dollars should be spent. •Requires voter approval to expand existing taxes (e.g., Utility, Transient Occupancy) to new territory (e.g., annexations) or to expand the tax base (e.g., new utility service) •New taxes can only be imposed for a specific time period. •City charters may not be amended to include a tax or fee. •All state taxes require majority voter approval.

Fines and Penalties:
•May require voter approval of fines, penalties, and levies for corporations and property owners that violate state and local laws unless a new, undefined adjudicatory process is used to impose the fines and penalties.

The Taxpayer Protection and Government Accountability Act would revise the California Constitution with provisions that limit voters’ authority and input, adopt new and stricter rules for raising taxes and fees, and may make it more difficult to impose fines and penalties for violation of state and local laws. The measure puts billions of local government tax and fee revenues at risk statewide with related core public service impacts. Over ten years, $20 billion of local government fee and charge revenues will be at heightened legal peril.

DISCUSSION:

This agenda item presents for the City Council consideration adoption of a Resolution opposing the CBRT Initiative. The League of California Cities, along with a broad coalition of local governments, labor and public safety leaders, infrastructure advocates, and businesses, strongly opposes this initiative.

Fees and Taxes
Local government revenue-raising authority is currently substantially restricted by state statute and constitutional provisions, including the voter approved provisions of Proposition 13 of 1978, Proposition 218 of 1996, and Proposition 26 of 2010. The Taxpayer Protection and Government Accountability Act adds and expands restrictions on voters and local government tax and fee authority.

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Honorable Mayor and Members of the City Council
March 12, 2024

Page 3 of 4 ends

7 7
4 The City levies a variety of fees and other charges to provide core public services.

Major examples of the City’s affected fees and charges include:
•Fees for processing of land use and development applications such as plan check fees, use permits, design review, environmental assessment, plan amendment, subdivision map changes.
•Nuisance abatement charges, such as for weeds, rubbish, and general nuisance abatement to fund community safety and code enforcement. •Commercial franchise fees.
•Emergency response fees.
•Document processing and duplication fees, including police reports. •Parking fees.
•Fines and penalties for administrative code enforcement. •Fire inspection fees.
•Sales tax audits.
•Facility use charges, fees for parks and recreation services, including facility rentals, classes, lessons, and childcare services.
•Garbage disposal tipping fees.
•Charges imposed as a condition of property development, including development impact fee related to vehicle miles traveled.

Virtually every city, county, and special district must regularly (e.g., annually) adopt increases to fee rates and charges and revise rate schedules to accommodate new users and activities.

Most of these would be subject to new standards and limitations under threat of legal challenge.

Based on the current volume of fees and charges imposed by local agencies, including council- adopted increases to simply accommodate inflation, Cal Cities estimates the amount of local government fee and charge revenue at risk is approximately $2 billion per year including those adopted since January 1, 2022.

Hundreds of local tax measures were approved in 2022 that likely do not comply with the provisions of the initiative. Nearly $2 billion of annual revenues from these voter-approved measures will cease a year after the effective date of the measure, reducing the local public services funded by these measures, unless the tax is re-submitted for voter approval.

Reductions on local government tax revenues have impacts on core services and infrastructure including fire and emergency response, law enforcement, streets and roads, drinking water, sewer sanitation, parks, libraries, affordable housing, homelessness prevention, and mental health services.

Fines and Penalties
Under existing law, cities are required to provide due process before imposing a penalty or fine for violation of its municipal code:

1. A local agency must adopt administrative procedures that govern imposing fines and penalties, including providing a reasonable period of time for a person responsible for a continuing violation to correct or remedy the violation [Gov't Code 53069.4].

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Honorable Mayor and Members of the City Council
March 12, 2024

Page 4 of 4 ends

7 7
4 2. Notice must be given to the violating party before imposing the penalty; and give the party an opportunity to be heard and present any facts or arguments [Merco Construction Engineers v. Los Angeles Unified School District (1969) 274 CA 2d 154, 166].

3. The fine may not be "excessive" [U.S. Constitution amendments VIII and XIV].

The initiative converts administratively imposed fines and penalties into taxes unless a new, undefined, and ambiguous “adjudicatory due process” is followed. This provision may put at risk authority to impose fines and penalties for violations of state and local law.

FISCAL IMPACT:

The Taxpayer Protection and Government Accountability Act will take billions of dollars away from local government services statewide, and millions of dollars locally to a City like San Bruno. Total San Bruno General Fund revenues are projected at $64.9 Million for FY2023-24, including $11.4 Million in charges for services revenue, or 13.1% of total revenue. These department revenues include some of the affected fees and charges listed above. Development and user fees are a large component. The CBRT Initiative may devastate the City’s ability to achieve cost-recovery goals through user fees. Further, if the CBRT Initiative is approved, new or increased charges for services or fees approved after December 31, 2021, may be null, requiring the City to refund revenue collections resulting from the new or increased charges.

The CBRT Initiative would introduce a great deal of uncertainty into the budgeting process; each election would have the potential to cause unexpected swings in revenue outlook at all levels of government, making responsible budgeting far more challenging. The City may also face increased legal defense costs.

RECOMMENDATION:

Adopt a Resolution Opposing Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act.

ALTERNATIVES:

1. Do not adopt the proposed resolution.

ATTACHMENTS:

1. Resolution

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2 2
8 0
RESOLUTION NO. 2024 – ____
RESOLUTION OPPOSING INITIATIVE NO. 21-0042A1, THE TAXPAYER PROTECTION AND

GOVERNMENT ACCOUNTABILITY ACT
WHEREAS, the California Business Roundtable filed the “Taxpayer Protection and Government Accountability Act” or AG# 21-0042A1 (“The CBRT Initiative”), which qualified for the November 2024 California statewide ballot; and
WHEREAS, the California Business Roundtable is comprised of major corporations including real estate developers and investors, oil, insurance, pharmaceutical companies and more. Additional proponents include the Howard Jarvis Taxpayers Association and the California Business Properties Association;
WHEREAS, the CBRT Initiative creates constitutional loopholes that allow corporations to pay far less than their fair share for the impacts they have on the community, which could force residents and taxpayers to pay more to maintain services; and WHEREAS, the CBRT Initiative threatens billions of dollars every year in local government funding for services like fire and emergency response, law enforcement, affordable housing, services to support homeless residents, mental health services, and more; and WHEREAS, San Bruno would experience significant fiscal and level of services impacts from the Initiative. Total General Fund revenues are projected at $64.9 Million for FY2023-24, including $11.4 Million in City department revenues, which include some of the affected fees and charges; and
WHEREAS, new or increased charges for services or fees approved after December 31, 2021, may be null, requiring the City to refund revenue collections resulting from the new or increased charges; and
WHEREAS, the CBRT Initiative would introduce a great deal of uncertainty into the budgeting process; each election would have the potential to cause unexpected swings in revenue outlook at all levels of government, making responsible budgeting far more challenging.

The City may also face increased legal defense costs; and, WHEREAS, the measure is an attack on voters’ rights, containing undemocratic provisions that would make it more difficult for local voters to pass measures to fund services, provisions that retroactively cancel measures recently passed by voters, and provisions that prevent voters from passing advisory measures that provide direction on how they want their local tax dollars spent; and
WHEREAS, the measure contains intentionally restrictive language that will encourage hundreds of frivolous lawsuits against cities and local governments – costing taxpayers many millions and stopping investments in vital local services; and WHEREAS, the measure would make it much more difficult for state and local regulators to issue fines and levies on corporations that violate laws intended to protect our environment, public health and safety, and our neighborhoods; and
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ATTACHMENT 1
2 2
8 0
WHEREAS, the measure is opposed by hundreds of local governments, teachers, firefighters, working families and local elected officials.

NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby opposes Initiative No. 21-0042A1, the Taxpayer Protection and Government Accountability Act. -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

65 of 367

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: March 12, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Jennifer Dianos, Interim Human Resources Director SUBJECT: Consider Adoption of a Resolution Approving an Amended Hourly Wage Schedule for Unclassified, Part-time, Temporary, and Seasonal Employee Classifications and Approving an Amended Job Class Specification for Lifeguard / Swim Instructor I/II
BACKGROUND:

The City of San Bruno is subject to local State of California minimum wage laws. The City stays current on minimum wage legislation to ensure that unclassified, part-time, temporary, and seasonal employee classifications fall within State law. Unclassified, part-time, temporary, and seasonal employee classifications are defined as hourly, “at-will” employees. The hourly wage schedule for these classifications was last adjusted in August 2022 and is currently available on the City’s Human Resources Department webpage.

If a city has adopted a higher minimum wage, employees must be paid the local wage where it is higher than the state or federal minimum wage rates. While some cities have adopted local ordinances that establish a higher minimum wage rate for employees, the City of San Bruno has traditionally aligned with the State of California minimum wage laws.

Effective January 1, 2024, the State of California minimum wage is $16.00 per hour for employers that have 26 or more employees.

City staff completed a review of all unclassified, part-time, temporary, and seasonal employee classifications hourly rates to confirm that all employees within these classifications meet the minimum wage requirement.

DISCUSSION:

Staff completed a review and update of all unclassified, part-time, temporary, and seasonal employee classifications to meet the new minimum wage requirement. Although the proposed adjustments are to align the classes that are set at minimum wage, it’s important to consider the need to stay competitive in the labor market, to retain existing employees, to attract applicants for difficult to fill positions, and to reflect the current California minimum wage. 66 of 367
Item 6g
Honorable Mayor and Members of the City Council
March 12, 2024

Page 2 of 4 ends

The San Bruno Community Services Department has a large number of unclassified, part-time, temporary, and seasonal employees that staff regular programming. According to an informal market survey of the wage ranges for these categories, the City of San Bruno is currently at the lower end of the market. The proposed wages being presented to the City Council for approval will be used to factor in recreational programming rates that are charged to program users, which will be brought forward to the City Council at an upcoming meeting. There are no positions removed from the salary schedule at this time. The classifications maintain a 5% differential from step to step where it exists, and the classification ratios remain the same. Upon adoption, the wage schedule will take effect for the immediately following pay period, March 11 to March 24, 2024.

This update affects the following classifications:

POSITION TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5

GENERAL
Special Assistant $15.00 $75.00
Proposed new rate$16.00

CITYNET SERVICES
CityNet Serivces Production Assistant $20.00 $26.00
CityNet Serivces Special Assistant $27.00 $33.00

COMMUNITY SERVICES
Library Page $16.00 $16.80 $17.64 $18.52 $19.45
Library Aide $19.00 $19.95 $20.95 $21.99 $23.09
Library Assistant I (PT Temp) $23.00 $24.15 $25.26 $26.63 $27.96 Library Assistant II (PT Temp) $28.00 $29.40 $30.87 $32.41 $34.03 Librarian (On-Call Per-Diem) $37.00
Recreation Leader I $16.00 $16.80 $17.64 $18.52 $19.45
Recreation Leader II $19.00 $19.95 $20.95 $21.99 $23.09 Recreation Specialist $23.00 $24.15 $25.36 $26.63 $27.96 Maintenance Assistant $28.00 $29.40 $30.87 $32.41 $34.03 Bus Driver $20.00 $21.21 $22.27 $23.38 $24.55
Lifeguard / Swim Instructor I $14.47 $15.19 $15.95 $16.75 $17.59 Proposed new rate$16.00 $16.80 $17.64 $18.52 $19.45

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Honorable Mayor and Members of the City Council
March 12, 2024

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POSITION TITLE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5
Lifeguard / Swim Instructor II $15.34 $16.11 $16.91 $17.76 $18.65 Proposed new rate$16.96 $17.81 $18.70 $19.64 $20.62
Water Safety Instructor I $15.63 $16.41 $17.23 $18.09 $19.00 Proposed new rate$17.28 $18.14 $19.05 $20.00 $21.00
Water Safety Instructor II $16.79 $17.63 $18.51 $19.44 $20.41 Proposed new rate$18.56 $19.49 $20.47 $21.49 $22.56
POLICE
Community Services (PT Temp) $30.00 $31.50 $33.08 $34.73 $36.47 Dispatcher (Per-Diem) $52.00
Police Clerk (Per-Diem) $35.00
Staff also proposes to modify the Lifeguard / Swim Instructor I/II job class specification to amend certification requirements for Swim Instructors. This change will allow candidates who do not have their lifeguard certifications the option to take a different career path such as teaching swim lessons. This position has seen challenges in hiring/retention and amending the specification to allow for hiring flexibility could place San Bruno at a strategic advantage to be able to offer more than one career path in the aquatics.

FISCAL IMPACT:

There is no overall fiscal impact for the current budget year, as affected Departments have either incorporated the proposed increases into their approved fiscal year budgets and/or anticipated the remainder to be absorbed by vacancies during the fiscal year.

ENVIRONMENTAL IMPACT:

There is no environmental impact. The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

Consider Adoption of a Resolution Approving an Amended Hourly Wage Schedule for Unclassified, Part-time, Temporary, and Seasonal Employee Classifications and Approving an Amended Job Class Specification for Lifeguard / Swim Instructor I/II ALTERNATIVES:

1. Make alternative revisions to the unclassified, part-time, temporary, and seasonal classifications and their pay scales.

2. Update salary ranges to remain competitive in labor market.

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Honorable Mayor and Members of the City Council
March 12, 2024

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ATTACHMENTS:

1. Resolution with Exhibit A
a. Proposed Wage Schedule for Unclassified, Part-time, Temporary, and Seasonal Employee Classifications
b. Red line version of Lifeguard / Swim Instructor I/II Job Class Specification

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EXHIBIT A
RESOLUTION NO. 2024-

RESOLUTION APPROVING AN AMENDED HOURLY WAGE SCHEDULE FOR

UNCLASSIFIED, PART-TIME, TEMPORARY, AND SEASONAL EMPLOYEE

CLASSIFICATIONS AND APPROVING AN AMENDED JOB CLASS SPECIFICATION FOR

LIFEGUARD / WATER SWIM INSTRUCTOR I/II
WHEREAS, the City of San Bruno has an established wage schedule for unclassified, part-time, temporary and seasonal employee classifications; WHEREAS, the last time the wage schedule for the unclassified, part-time, temporary, and seasonal employees was adjusted was in August 2022; WHEREAS, the City of San Bruno is subject to State of California minimum wage laws; WHEREAS, staff recommends that the wage schedule is updated to ensure the classifications meet the minimum wage requirements; and, WHEREAS, staff recommends modifying the Lifeguard / Swim Instructor I/II job class specification to amend certification requirements for Swim Instructors.

NOW, THEREFORE, BE IT RESOLVED THAT THE City Council of the City of San Bruno hereby approves (i) the amended hourly wage schedule for unclassified, part-time, temporary, and seasonal employee classifications and (ii) the amended job class specification for Lifeguard / Swim Instructor I/II, as shown in Exhibit A. -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 1

EXHIBIT A

EXHIBIT A
City of San Bruno
Salary Plan for Unclassified, Part-Time, Temporary, and Seasonal Employee Classifications Effective Pay Period beginning March 11-24, 2024

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CITY OF SAN BRUNO

CITY MANAGER

EXHIBIT A
Position Description

LIFEGUARD / SWIM INSTRUCTOR I/II

GENERAL PURPOSE
Performs routine public contact and safety work in teaching swimming lessons and serving as a pool lifeguard. Performs other duties as assigned.

SUPERVISION RECEIVED
Works under the general supervision of the Pool Manager with overall direction provided by a Recreation Services Manager.

SUPERVISION EXERCISED
None.

ESSENTIAL DUTIES AND RESPONSIBILITIES (Illustrative Only) Teaches swimming lessons according to a prescribed routine and curriculum.

Tests program participants for swimming skill levels; passes participants for participation in more advanced classes.

Monitors the use of the swimming pool; enforces rules and regulations.

Patrols the swimming pool and aquatics facility.

Assists in implementing various aquatics events throughout the season.

Performs a variety of miscellaneous duties such as answering phones, running errands, picking up supplies needed for activities, conducting classes, selling passes, collecting fees, helping set up for classes, and events, routine facility maintenance etc.

Responds to public inquiries about aquatics programs made by telephone, correspondence, or during public meetings.

Maintains related records and statistics for various aquatics programs.

Assists in the maintenance of the swimming pool, Monitors and maintains pool filtration system.

Monitors pool water chemistry through testing of water samples. Adjusts chemistry as needed to maintain standards.

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EXHIBIT A

PERIPHERAL DUTIES
Officiates at swimming events.

Serves as a member of various employee committees, as assigned.

MINIMUM QUALIFICATIONS
Education and Experience:
(A) Graduation from a high school or GED equivalent. Note, this provision may be waived if the applicant is under the age of 18.
(B) Any equivalent combination of education and experience.

Necessary Knowledge. Skills and Abilities:
(A) Working knowledge of the equipment, facilities, operations and techniques used in a comprehensive aquatics program.
(B) Skill in operation of listed tools and equipment; Skill in First Aid and CPR & Lifeguarding. (C)Ability to effectively teach swimming lesson; Ability to effectively enforce safety and health regulations relating to an aquatics program; Ability to establish and maintain effective working relationships with employees, supervisors, participants, instructors, and the general public; Ability to communicate effectively orally; Ability to give and understand oral instructions.

SPECIAL REQUIREMENTS

LIFEGUARD I/II
(A) Current First Aid and Cardiopulmonary Resuscitation (CPR) certification. (A) Current Water Safety Instructor’s (WSI) certificate. (B) Current Lifeguarding certification.

SWIM INSTRUCTOR I/II
Ability to obtain a current First Aid and Cardiopulmonary Resuscitation (CPR) certification.

TOOLS AND EQUIPMENT USED
Various hand tools used in the maintenance of swimming pool equipment; pool testing equipment; phone.

PHYSICAL DEMANDS
The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is frequently required to swim, walk, sit and talk or hear. The employee is occasionally required to use hands to finger, handle, feel or operate objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb or balance.

The employee must occasionally lift and/or move over 100 pounds. Specific vision abilities required by this job include close vision, distance vision, peripheral vision and the ability to adjust focus.

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EXHIBIT A

WORK ENVIRONMENT
The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee works in outside weather conditions. The employee is occasionally exposed to wet and/or humid conditions, toxic and/or caustic chemicals.

The noise level in the work environment is usually quiet while in the office, and moderately loud when in the field.

SELECTION GUIDELINES
Formal application, rating of education and experience; oral interview and reference check; job related tests may be required.

The duties listed above are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position.

The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change.

Category: Unclassified, Part-time, Temporary, and Seasonal FLSA Classification: Non-Exempt
Effective Date: March 11, 2024
Resolution Number: 2024-XX

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: March 12, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Nick Pegueros, Chief Financial Officer
Esther Garibay, Financial Services Manager
SUBJECT: Consider Adoption of a Resolution Initiating Property Owner Notice and Protest Process as required by Proposition 218 for an Increase to Garbage Rates Pursuant to the Agreement for Integrated Waste Management Services with Recology San Bruno, Effective July 1, 2024 BACKGROUND:

The City of San Bruno’s new Franchise Agreement1 (Agreement) with Recology San Bruno (Franchisee) became effective on January 1, 2023, in which Recology is entitled to an annual rate adjustment based on a negotiated rate effective July 1, 2024, year two of the 20-year Agreement. At their June 13, 2023 meeting, the City Council amended the Agreement (Attachment 3) to incorporate a street sweeping and catch basin collection fee. The rate increase included in this report refers to the rates adopted by City Council on June 13, 2023.

The requested rate increase, effective July 1, 2024, is a negotiated rate increase of 7.65% for residential, commercial, and debris box services in accordance with Article 4 of the Agreement.

The third year of the franchise agreement is an interim rate year at which time City staff and Recology will meet to review cost increases using the Interim Rate Year Methodology, Exhibit 2 to the Agreement.

Table 1: Rate Adjustments
Customer type
Effective Date
July 1, 2024
Example Increase
Residential 7.65% $2.89 monthly increase for a 32-gallon residential cart
Commercial & Debris Box 7.65% $8.09 monthly increase for a 64-gallon commercial cart
1 Solid Waste Collection Services Agreement Effective January 1, 2023 75 of 367
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Honorable Mayor and Members of the City Council
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DISCUSSION:

The July 1, 2024, negotiated 7.65% rate increase results in charges for a 32-gallon residential toter (the most common size) will increase by $2.89 per month, from $37.79 to $40.68.

Examples of the proposed rate change, Table 2, for typical residential and commercial services include:

Table 2: Sample Monthly Solid Waste Services Fees
Type Current Rate
FY 2023-24
Proposed Rate
July 1, 2024
Change
Residential
16-gallon toter $23.90 $25.73 $1.83
20-gallon toter $29.30 $31.54 $2.24
32-gallon toter $37.79 $40.68 $2.89
64-gallon toter $75.59 $81.37 $5.78
96-gallon toter $113.38 $122.05 $8.67
Commercial
64-gallon toter, 1 per week $105.79 $113.88 $8.09
1-yard container, 1 per week $222.09 $239.08 $16.99
Rate Adoption by Resolution
The Municipal Code Section 10.08.020 Rates, fines, penalties, and fees for special services establishes that “The city council shall adopt rates or charges for municipal services, as needed, by resolution or ordinance.” Any charge for disposal of garbage and rubbish is defined as a municipal service under Section 10.08.010.B. City staff recommends that Council adopt the garbage rate increase by resolution to reduce administrative and publishing costs for the negotiated rate increase.

San Mateo County – City Disposal Rate Comparison
Solid waste collection and disposal rates vary among San Mateo County cities as listed in Table

3. Costs for service can depend upon the frequency of recycling collection, organics composting, ratio of residential and commercial customers, and unique operational constraints in some jurisdictions. The following table lists current (adjustments may be pending) monthly rates in seventeen nearby cities for a residential 32-gallon toter compared to the FY2024-25 proposed rate for the City of San Bruno.

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Table 3: Comparative Rates – San Mateo County Agencies
City 32g Rate Serviced By:

Colma $29.12 Allied
Burlingame $32.81 Recology
Foster City $32.92 Recology
San Mateo $32.93 Recology
Daly City $33.85 Allied
El Granda $33.96 Recology
Hillsborough $37.33 Recology
Montara $40.55 Recology
San Bruno $40.68 Recology
South San Francisco $41.34 SSF Scavenger
Brisbane $42.85 SSF Scavenger
Millbrae $43.05 SSF Scavenger
Half Moon Bay $44.93 Allied
Pacifica $47.68 Recology
Belmont $47.97 Recology
San Carlos $48.11 Recology
Menlo Park $53.14 Recology
Atherton $54.00 Recology
The average residential 32-gallon toter for the 18 cities listed is $40.96. San Bruno’s residential toter monthly rate is the ninth lowest compared to these cities and is $0.38, or 9.0%, lower than the average.

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Historical Rate Changes
Since FY2008-09, the average annual rate increase has been 3.60%. The graph below, Figure 1, shows the annual rate increase in each fiscal year beginning in FY2008-09, with the grey bars showing the detailed rate review years, the blue bars showing the interim rate review years, and the orange bars showing the negotiated rate years.

Figure 1: Historical Rate Changes – City of San Bruno
Protest Period and Timeline to Implement New Rates
Proposition 218 was approved by the voters in 1996 and establishes legal requirements for imposing or increasing property-related taxes, assessments, fees, and charges. Per Proposition 218, the City must provide notices to residents and property owners 45 days before a public hearing, following which the City Council can act to approve the rate increase. Only if written protests are received from a majority of property owners would the proposed rate increase be disallowed. A majority protest will exist if written protests have been presented, and not withdrawn, by the record owners or customers of record of a majority of the parcels subject to the rates. If a majority protest exists, the City Council cannot adopt the proposed rates.

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The following schedule outlines the City’s implementation of the proposed process for considering the proposed rate adjustment effective July 1, 2024, adopted by resolution.

Date Item
March 12, 2024 City Council directs staff to provide 45-day notice to property owners.

April 26, 2024 Notices mailed on or before / start 45-day period.

June 11, 2024 City Council holds public hearing, considers any protests, takes action to adopt resolution setting new rates.

July 1, 2024 New FY2024-25 rates take effect.

The action proposed for consideration at this time is to direct City staff to mail the required 45- day notice to property owners. No action approving the proposed rate increases will occur until after the public hearing occurs.

FISCAL IMPACT:

The current fiscal impact for this item is estimated at $15,000 for printing and mailing the Prop 218 notices, plus required staff time to prepare future reports, answer customer questions, and coordinate with Recology. If City Council directs that the rate adoption occurs using an ordinance rather than a resolution, an additional $5,000 is required to pay for the required legal notices. Recology reimburses the City for the direct costs incurred for rate adjustments.

ENVIRONMENTAL IMPACT:

The action is not a project subject to CEQA.  City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

Consider A Resolution Initiating Property Owner Notice and Protest Process as required by Proposition 218 for an Increase to Garbage Rates Pursuant to the Agreement for Integrated Waste Management Services with Recology San Bruno, Effective July 1, 2024.

ALTERNATIVES:

1. Take no action. No action on the rates triggers Section 4.5.6 “Failure to Adjust Rates” of the Agreement.

ATTACHMENTS:

1. Resolution

2. First Amendment to Amended and Restated Waste Collection Services Agreement between the City of San Bruno and Recology San Bruno, effective June 13, 2023

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RESOLUTION NO. 2024-_____

A RESOLUTION INITIATING PROPERTY OWNER NOTICE AND PROTEST PROCESS AS REQUIRED BY PROPOSITION 218 FOR AN INCREASE TO GARBAGE RATES

PURSUANT TO THE AGREEMENT FOR INTEGRATED WASTE MANAGEMENT SERVICES WITH RECOLOGY SAN BRUNO, EFFECTIVE JULY 1, 2024 WHEREAS, A Franchise Agreement for Integrated Waste Management Services (the “Agreement”) with Recology San Bruno became effective on January 1, 2023, and WHEREAS, the Agreement provides for a rate adjustment effective July 1, 2024, and
WHEREAS, to comply with the procedures established by Proposition 218, the City must schedule a public hearing following mailed notice to property owners for a period of not less than 45 days on the garbage rate increase.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno directs initiation of the property owner notice and protest process as required by Proposition 218 for an increase to garbage rates pursuant to the Agreement, effective July 1, 2024.
—o0o—
I hereby certify that 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: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers
Lupita Huerta
City Clerk
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: March 12, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Peter Gilli, Community Development Director SUBJECT: Consider Introducing, Reading by Title Only and Waiving Further Reading of 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” and Adoption of a Resolution Rescinding Resolution No. 1995-29 and Resolution No. 2022-20
BACKGROUND:

On May 9, 2023, the City Council adopted a Strategic Initiative (10.1) to expand and improve the productivity of the Community Development Department, which included amending the Municipal Code to simplify and streamline planning permit processes.

A “planning permit” is a common term for required City approvals described in the Subdivision Ordinance (Title 12, Article II) and Zoning Ordinance (Title 12, Article III).

They can range from subdividing a parcel, to adding on to an existing home or commercial building, or constructing a new development project.

The State legislature has identified local review processes as potential “governmental constraints” to the production of housing, due to the costs, time spent, and uncertainty of the process. Local jurisdictions are called upon to commit to reduce or remove these constraints in the Housing Element update. Dated planning processes can also be viewed as a constraint to local economic development efforts.

This Municipal Code Amendment package is intended to improve the City’s planning permit process to achieve the following: (1) Implement City Council Strategic Initiative

10.1; (2) Establish a streamlined process for minor application types that will benefit most homeowners and small business owners, which will support the City’s economic development goals; and (3) Allow effective use of limited City resources to address long-range planning initiatives that have community-wide effect, including but not limited to Housing Element implementation, creation of a Climate Action Plan, and assessing the effectiveness of the Transit Corridors Plan (TCP).

A joint City Council/Planning Commission study session was held on December 12, 2023, where Councilmember and Commissioners were supportive of the principles and conceptual improvements that were introduced. Based on direction from that joint study 91 of 367
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session, staff prepared draft Municipal Code Amendments, which the Planning Commission (PC) reviewed at a study session on February 6, 2024, and unanimously forwarded a positive recommendation for adoption to City Council at a public hearing on February 20, 2024.

DISCUSSION:

Primary Municipal Code Amendments
The recommended amendments are the result of a review of all application types and processes in Title 12, Article II and III of the Municipal Code. Overall, application types that have greater effect on the community are considered “major” and are acted on by the PC, while application types with lesser effect on the community are considered “minor” and become administrative actions. These are the major process changes:

1. R-1/R-2 planning processes (single-family review). Existing development regulations exist for the size, setbacks, heights, and privacy aspects of new homes or additions. All projects are reviewed for compliance with the City Council adopted basic residential design guidelines. There are four categories of R-1/R-2 projects:

Category: Process:

Fully compliant with zoning, no
potential privacy impacts No planning permit
Fully compliant with zoning,
potential privacy impacts
Administrative action, adjacent mailed
notice
Modest variation from zoning
requirements
Administrative action, adjacent mailed
notice
Major variation from zoning
requirements PC hearing, 300-foot mailed notice
Thresholds for what triggers a PC hearing are: side/rear setback encroachment over 2- feet, lot coverage exceeding 110% of the allowed floor area, impervious surface exceeding 10% over the maximum, floor area ratio exceeding 0.62, and heights exceeding 3-feet over maximum. The recommended amendments will require hearings for only the applications that request the greatest variation from the zoning regulations.

Homeowners that comply with, or propose modest variation from, zoning standards will benefit from a less rigorous process.

2. Development review process outside of the R-1/R-2 districts. Review of new multi-family residential, commercial, industrial or mixed-use construction will depend on the scope of the project:

Category: Process:

New building (except for certain
accessory structures), more than
10% increase to a building, more
than 10,000 sq. ft. cumulative
increase to buildings
PC hearing, 300-foot mailed notice

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Certain accessory structures, up to
10% increase to a building, up to
10,000 sq. ft. cumulative increase to
buildings, other site, architectural
and landscaping changes
Administrative action, adjacent mailed
notice
Larger projects will be reviewed by the PC. Small businesses proposing minor changes to buildings or sites will benefit from a shorter administrative process.

3. Use permit processes. Each zoning district includes a list of permitted and conditional uses. Conditional uses require a use permit, the process of which is as follows:

Category: Process:

Adult businesses, bars, lounges and
nightclubs, cardrooms, drive-
through facilities, commercial
cannabis operator
PC hearing, 300-foot mailed notice
(except cannabis requires PC and
Council hearings)
Other conditional uses Administrative hearing, 300-foot mailed notice
Most conditional use permit applicants are small businesses, who will benefit from a streamlined process. Conditional uses that the community may be more sensitive about would continue to be acted on by the PC.

Planning Commission Discussion
The Planning Commission strongly supports shifting more application types to administrative actions. This is based on the Commission’s experience with the levels of community participation at hearings, as well as the recognition that more City capacity for policy issues becomes available if staff and the Commission are spending less time on minor applications.

Commissioners asked staff how the City could keep the community informed of new projects and how the Commission could have a greater impact on the larger projects that they would see. Staff presented the following concepts to the Commission at the February 20, 2024 hearing, and the Commission was very supportive of them:

1. Modernize Public Notification of Proposed Projects. Historically, the City has relied upon mailed notices to property owners near proposed projects and brief summaries of certain projects on the City’s website. In 2022, the City Council adopted Resolution 2022-20 which expanded the radius for mailed notices for certain project types. The larger mailing radii increases the cost to applicants and takes up a notable amount of staff time. To date, staff does not believe that a notable increase in public participation has occurred. The PC concurred.

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Staff introduced a modernization of the City’s approach to inform the public about planning applications. This would be achieved by creating an on-line list of all planning applications linked to a map showing the geographic location of these projects. An application would be added to the list upon the initial submittal, and remain on the list until a final action is taken. The list would have brief information about each project, with a link to the planner to get more information, and a link to sign-up to receive future City notices via e-mail (“e-notices”). This approach allows an individual to see all planning applications and decide which they are most interested in, and is superior to mailed hearing notices in many ways. Applications that require public hearings will continue to get the minimum 300-foot mailed notice as required under State law, unless the Municipal Code states otherwise. A resolution is attached to rescind the prior 2022 resolution to avoid confusion over the applicable noticing requirements.

The PC strongly supported this approach compared to larger mailing radii. The initial version of this system will be launched by the July 1, 2024 effective date of this amendment package. Staff will schedule a study session with the PC in the summer/fall months to discuss adjustments or improvements to the first version of the system.

2. Preliminary Review of Larger Projects. Commissioners noted the benefit of having informal meetings on large projects early in the planning review process. Staff committed to developing such a meeting with the intent of a productive discussion with the developer before the project plans are finalized for hearings. The intent would be more of a workshop approach, as more of a dialogue than a hearing. This would build off a positive attribute of the Architectural Review Committee meeting. While such meetings cannot be required for housing projects, they can be offered as an optional choice. Staff anticipates some developers would elect to use the voluntary opportunity to have a dialogue about the project with the PC in its earlier stages. A study session with PC will be scheduled in the latter half of 2024 to establish the framework for a Commission preliminary review process for larger projects.

Additional Municipal Code Amendments:

The following are other notable amendments that were discussed with the PC and were included in the Commission’s unanimous recommendation:

1. Elimination of the Architectural Review Committee (ARC). The Architectural Review Committee (ARC) is a subcommittee of the PC that reviews and/or acts on design review and sign applications. The proposed amendments transfer the authority that was with the ARC to either administrative or PC actions.

2. Reconsideration Process (Municipal Code Section 12.78.080). The Municipal Code describes a revocation process, where a previously approved planning permit can be revoked, but there is not a reconsideration authority. Reconsideration is a common zoning practice where a hearing is held to reconsider the situation for the purpose of modifying conditions of approval to address an issue. The proposed amendments establish a reconsideration process.

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3. Longer Temporary Use Permits (TUPs) for Select Cases (12.84.030). The Municipal Code allows administrative approval of TUPs for up to 3 months and Commission approval for up to one year. The proposed amendments add a two year TUP for the Commission for certain temporary facilities such as temporary wireless facilities that cannot be reasonably completed in one year, and a 1 year renewable administrative TUP for construction storage yards for projects within the City.

4. Public Convenience and Necessity (PCN). This is a special City approval for alcohol businesses when the State Alcohol Beverage Control (ABC) determines there is an overconcentration in the census tract. City Council Resolution 1995-29 assigned PCN authority to the Community Development Director. The amendment package codifies this resolution, with the exception that if the business triggers a use permit reviewed by the Commission, then the Commission is assigned authority for the PCN. A resolution is attached to rescind 1995 resolution for clarity.

5. Outdoor Dining on Commercial Property (12.84.220). Outdoor dining regulations are added, requiring an architectural review permit. This was a City Council initiative from a prior year that was included in this amendment package.

6. Call-up Provisions (12.78.060.C and 12.210). These sections allow a single Commissioner or Councilmember to call-up an action by the Director, ARC or PC to either the Commission or Council for action. These provisions have been rarely used and recommended for deletion primarily because an appeal process already exists.

Also, the City Council has purposely set appeal fees well below cost-recovery levels to minimize discouraging a concerned member of the public from filing an appeal.

Multi-Family Ministerial Review
Ordinance language for a ministerial review process for certain multi-family projects, as discussed at the December 12, 2023 joint study session, was developed and presented to the PC on February 6, 2024. That language is not part of the package being recommended for adoption at this time because the language references sections of the revised Housing Element that has not yet been certified by the State.

Staff anticipates bringing the certified Housing Element to PC and City Council for re- adoption by July 2024. Staff will package the ministerial review ordinance language with the certified Housing Element. That would likely result in the ministerial process taking effect in September 2024 instead of July 2024.

Schedule and Next Steps
If the City Council introduces the ordinance on March 12, 2024, and adopts the ordinance on March 26, 2024, this amendment package could go into effect as early as April 26, 2024. However, staff recommends the effective date of the ordinance be July 1, 2024. One reason is that the changes in the process will affect application fees. Applications shifting from PC hearings to administrative actions will result in reduced staff time, meaning the fee will be reduced accordingly. The master fee

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schedule update will be presented for City Council review and action on April 23, 2024, and will go into effect on July 1, 2024. Also, the additional time allows staff to prepare updated applications, handouts and website materials for the new processes.

FISCAL IMPACT:

Implementation of this ordinance is cost neutral in the FY24 and FY25 budget. Staff anticipates the modification to the planning processes will have an immaterial effect on revenues for the Planning Division, as administrative applications would have lower overall fees, but an increased volume of administrative applications is expected. Beyond FY26, the ordinance reduces the cost of entry for investment in properties and, potentially, redevelopment of existing properties which will have a positive structural impact on property, sales, and business license taxes.

ENVIRONMENTAL IMPACT:

The proposed 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 because the amendments are about changes to the processing of planning permits.

RECOMMENDATION:

Introduce, read by title only and waive further reading of 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” and adopt a resolution rescinding Resolution No. 1995-29 and Resolution No. 2022-20.

ALTERNATIVES:

1. Modify the ordinance, and then introduce the ordinance.

2. Continue the agenda item to a future date.

ATTACHMENTS:

1. Ordinance

2. Resolution

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9 ORDINANCE NO. _____

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 WHEREAS, on May 9, 2023, the City Council adopted a strategic initiative to improve productivity in the Community Development Department, which included amending the Municipal Code to streamline planning permit processes; and WHEREAS, on December 12, 2023, the Planning Commission and City Council supported a conceptual streamlining package at a joint Planning Commission and City Council study session; and
WHEREAS, the Municipal Code Amendments to amend Title 12 were reviewed by the Planning Commission at a study session on February 6, 2024 and a duly noticed public hearing on February 20, 2024. At the conclusion of the public hearing, the Planning Commission adopted Resolution No. 2024-01 recommending that the City Council adopt the Municipal Code Amendments; and
WHEREAS, on March 12, 2024, at a duly noticed public hearing, the City Council reviewed the ordinance, considered public comment and introduced the ordinance amending the Title 12; and
NOW, THEREFORE, the City Council of the City of the City of San Bruno does ordain as follows:

SECTION 1. Recitals. The above recitals are incorporated as though set forth in this section.

SECTION 2. Editorial guidance. The following non-substantive editorial style is used.

Words that are underlined are additions; words with a line through are deleted; and words in [brackets] are instructions for the Code publisher and which instructions are not to be published in the City’s Code unless worded as an “editor’s note”.

In addition, the Code publisher will arrange definitions and other changes alphabetically to conform to the Code’s current style and will, as needed, re-order numbering and lettering changes caused by these amendments. The City Clerk and the City Attorney are authorized to work with the Code Publisher to effectuate non-substantive amendments to ensure consistency as to form and style of the Code.

Further, the code publisher is directed to substitute the name of an office and/or position wherever possible rather than use a gender pronoun without further or formal amendments.

SECTION 3. Paragraph C of Section 12.20.030 (Purposes) of Chapter 12.20 (General Provisions) of Article II (Subdivisions) of Title 12 (Land Use) is amended by to read as follows:
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9 C. To protect the character and the social and economic stability of all parts of the city by encouraging orderly and beneficial development through regulation and control of the design and improvement of subdivisions, with proper consideration of the relation to adjoining areas; SECTION 4. Paragraph F of Section 12.20.030 (Purposes) of Chapter 12.20 (General Provisions) of Article II (Subdivisions) of Title 12 (Land Use) is amended by to read as follows:

F. To ensure insure that governmental costs are minimized by requiring the installation of improvements of adequate size and quality;
SECTION 5. Section 12.20.030 (Purposes) of Chapter 12.20 (General Provisions) of Article II (Subdivisions) of Title 12 (Land Use) is amended by adding a new paragraph R to read as follows:

R. To ensure that areas within the subdivision are dedicated or reserved for public purposes, including but not limited to streets, sewer, water, and drainage, and properly improved by the subdivider so as not to become an undue burden on the community.

SECTION 6. Paragraph A of Section 12.20.040 (Interpretation) of Chapter 12.20 (General Provisions) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

A. The provisions of this article shall be interpreted and applied as minimum requirements except where it is expressly stated that any such requirement is to be a maximum. This article is not intended to impair or interfere with any private restrictions placed upon real property by covenant or deed: provided, however, that where this article imposes a greater restriction upon subdivision than is imposed or required by such private restriction, the provision of this article shall control.

SECTION 7. Paragraph C of Section 12.20.050 (Improvements) of Chapter 12.20 (General Provisions) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

C. Timing of Construction Requirements. Fulfillment of construction requirements for improvements for designated remainder parcels described in subsection A and for parcel map subdivisions described in subsection B shall not be required until such time as a permit or other grant of approval for development of the parcel is issued by the city, or until construction of the subdivision improvements is required pursuant to an agreement between the subdivider and the city. In the absence of such an agreement, the construction requirements shall be fulfilled within a reasonable time following approval of the final parcel map or final tract map and prior to the issuance of a permit or other grant of approval for the development of the parcel, if at the time of the approval of the tentative parcel map or tentative tract map the community development planning director or the planning commission, as the case may be, finds that fulfillment of the construction requirements is necessary for reasons of (1) the public health and safety; or (2) the required construction is a necessary prerequisite to the orderly development of the surrounding area. Construction of all public improvements within a subdivision shall be completed prior to commencement of construction of any building within such subdivision. (Ord. 1352 § 1, 1980; prior code § 21-1.5)

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9 SECTION 8. Paragraph B of Section 12.20.070 (Application Completeness) of Chapter 12.20 (General Provisions) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

B. Complete Application Required. Any application submitted pursuant to this article must include all information required by the sections of this article, and application forms and checklists published by the community development director, pertaining to such application in order to be deemed complete. Not later than thirty calendar days after receiving an application for a subdivision approval under this article, the community development director shall notify the applicant in writing as to whether or not the application is complete. If the application is not complete, the community development director shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete. No application shall be processed unless it is deemed complete.

SECTION 9. Chapter 12.24 (Definitions) of Article II (Subdivisions) of Title 12 (Land Use) is amended to add a new Section 12.24.015 (Advisory Agency) to read as follows:

12.24.015 Advisory agency.
“Advisory agency” means the designated advisory agency with respect to subdivisions as provided by the Subdivision Map Act, and shall have all the powers and duties with respect to subdivisions and other divisions of land specific in the Act and in this Title. The planning commission is designated the advisory agency for tract maps. The community development director is designated the advisory agency for parcel maps, lot line adjustments, mergers and certificates of compliance.

SECTION 10. Section 12.24.030 (Building Inspector) Chapter 12.24 (Definitions) of Article II (Subdivisions) of Title 12 (Land Use) is deleted in its entirety.

SECTION 11. Section 12.24.040 (Chief of Police) of Chapter 12.24 (Definitions) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:
“Chief of police” means the police chief of the city, or designee. (Ord. 1352 § 1, 1980; prior code § 21-2.4)
SECTION 12. Section 12.24.040 (City Attorney) of Chapter 12.24 (Definitions) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:
“City attorney” means the city attorney of the city, or designee. (Ord. 1352 § 1, 1980; prior code § 21-2.5)
SECTION 13. Section 12.24.060 (City Clerk) of Chapter 12.24 (Definitions) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:
“City clerk” means the city clerk of the city, or designee. (Ord. 1352 § 1, 1980; prior code § 21-2.6)
SECTION 14. Section 12.24.080 (City Engineer) of Chapter 12.24 (Definitions) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

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9 “City engineer” means the deputy public works director—administration and engineering of the city, or designee. (Ord. 1352 § 1, 1980; prior code § 21-2.8) SECTION 15. Chapter 12.24 (Definitions) of Article II (Subdivisions) of Title 12 (Land Use) is amended to add a new Section 12.24.17 (Director of Community Development) to read as follows:

12.24.117 Director of community development.
“Director of community development” means the community development director of the city, or designee.

SECTION 16. Section 12.24.120 of Chapter 12.24 (Definitions) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.24.120 Director of community servicesparks and recreation. “Director of community servicesparks and recreation” means the community servicesparks and recreation director of the city, or designee. (Ord. 1352 § 1, 1980; prior code § 21-2.12) SECTION 17. Section 12.24.150 of Chapter 12.24 (Definitions) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.24.150 Fire marshalchief.
“Fire chiefmarshal” means the fire chiefmarshal of the city, or designee. (Ord. 1352 § 1, 1980; prior code § 21-2.15)
SECTION 18. Section 12.24.220 (Planning Director) of Chapter 12.24 (Definitions) of Article II (Subdivisions) of Title 12 (Land Use) is deleted in its entirety.

SECTION 19. Section 12.24.250 (Subdivision) of Chapter 12.24 (Definitions) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

A. “Subdivision” means the division, by any subdivider, of any unit or units of improved or unimproved land, or any portion thereof, shown on the latest equalized county assessment roll as a unit or as contiguous units, for the purpose of sale, lease or financing, whether immediate or future. Property shall be considered as contiguous units, even if it is separated by roads, streets, utility easement or railroad rights-of-way.

B. “Subdivision” includes the following:

1. A condominium project, as defined in Section 4125 or 6542 1350 of the Civil Code;

2. A community apartment project, as defined in Section 4105 11004 of the Civil Business and Professions Code;

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9 3. The conversion of five or more existing dwelling units to a stock cooperative, as defined in Section 4190 or 6566 11003.2 of the Civil Business and Professions Code.

C. “Subdivision” does not include:

1. Leases of agricultural land for agricultural purposes. As used herein, the term “agricultural purposes” means the cultivation of food or fiber or the grazing or pasturing of livestock;

2. Short-term leases (terminable by either party on not more than thirty days’ notice in writing) of a portion of the operating right-of-way of a railroad corporation defined as such by Section 230 of the Public Utilities Code unless a showing is made in individual cases, under substantial evidence, before the city council, that public policy necessitates the application of such regulations to such short-term leases in such individual cases;

3. The financing or leasing of apartments, offices, stores, or similar space within apartment buildings, industrial buildings, commercial buildings, mobile-home parks or trailer parks;

4. The financing or leasing of any parcel of land, or any portion thereof, in conjunction with the construction of commercial or industrial buildings on a single parcel, unless the project is not subject to review under other city ordinances regulating design and improvement;

5. The financing or leasing of existing separate commercial or industrial buildings on a single parcel;

6. Mineral, oil, or gas leases;

7. Land dedicated for cemetery purposes under the Health and Safety Code of the State of California;

8. Boundary line or exchange agreements to which the State Lands Commission or a local agency holding a trust grant of tide and submerged lands is a party;

9. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a wind powered electrical generation device on the land, if the project is subject to discretionary action by the advisory agency or legislative body.

10. The leasing or licensing of a portion of a parcel, or the granting of an easement, use permit, or similar right on a portion of a parcel, to a telephone corporation as defined in Section 234 of the Public Utilities Code, exclusively for the placement and operation of cellular radio transmission facilities, including, but not limited to, antennae support structures, microwave dishes, structures to house cellular communications transmission equipment, power sources, and other equipment incidental to the transmission of cellular communications, if the project is subject to discretionary action by the advisory agency or legislative body.

11. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of a solar electrical generation device on the land, if the project is subject to review under other local agency

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9 ordinances regulating design and improvement or, if the project is subject to other discretionary action by the advisory agency or legislative body.

12. The leasing of, or the granting of an easement to, a parcel of land or any portion or portions of the land in conjunction with a biogas project that uses, as part of its operation, agricultural waste or byproducts from the land where the project is located and reduces overall emissions of greenhouse gases from agricultural operations on the land if the project is subject to review under other local agency ordinances regulating design and improvement or if the project is subject to discretionary action by the advisory agency or legislative body.

13. The leasing of, or the granting of an easement to, a parcel of land, or any portion or portions thereof, in conjunction with the financing, erection, and sale or lease of an electrical energy storage system on the land, if the project is subject to discretionary action by the advisory agency or legislative body. For the purposes of this subdivision, “energy storage system” has the same meaning as defined in Section 2835 of the Public Utilities Code.

D. Any conveyance of land to a governmental agency, public entity, public utility or subsidiary of a public utility for conveyance to such public utility for rights-of-way shall not be considered a division of land for purposes of computing the number of parcels. (Ord. 1418 §§ 1 and 2, 1983; Ord. 1352 § 1, 1980; prior code § 21-2.24) SECTION 20. Chapter 12.28 (Required Maps) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.28 REQUIRED MAPS

12.28.010 Tentative and final tract map.

A. General Requirement. A tentative tract map and final tract map shall be required for the following:

1. All subdivisions creating five or more parcels;

2. Five or more condominiums as defined in Section 783 of the Civil Code;

3. A community apartment project containing five or more parcels;

4. The conversion of a dwelling to a stock cooperative containing five or more dwelling units.

B. Exceptions. A tentative tract map and final tract map shall not be required in the following cases:

1. Where the land before division contains less than five acres, each parcel created by the division abuts upon a maintained public street or highway, and no dedications or improvements are required by the city council; provided, however, that this paragraph shall not be applicable to condominium, community apartment, and stock cooperative projects described in subsection A;

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9 2. Each parcel created by the division has a gross area of twenty acres or more and has an approved access to a maintained public street or highway;

3. The land consists of a parcel or parcels of land having approved access to a public street or highway which comprises part of a tract of land zoned for industrial or commercial development, and which has the approval of the city council as to street alignments and widths; or

4. Each parcel created by the division has a gross area of not less than forty acres or is not less than a quarter of a quarter section. (Ord. 1352 § 1, 1980; prior code § 21-3.1)

12.28.020 Tentative parcel map and final parcel map.

A. General Requirement. A tentative parcel map and final parcel map shall be required for the following:

1. All subdivisions creating less than five parcels;

2. Less than five condominiums as defined in Section 783 of the Civil Code;

3. A community apartment project containing less than five parcels;

4. The conversion of a dwelling to a stock cooperative containing less than five dwelling units;

5. All subdivisions for which tentative and final maps are not required due to an exception set forth in subsection B of Section 12.28.010.

B. Exceptions. A tentative parcel map and final parcel map shall not be required in the following cases:

1. As set forth in Section 12.24.250.C; Where the subdivision is created by a short-term lease (terminable by either party on not more than thirty days’ written notice in writing) of a portion of the operating right-of-way of a railroad corporation, as defined by Section 230 of the Public Utilities Code;

2. Where land is conveyed to or from a government agency, public entity or public utility, or to a subsidiary of a public utility for conveyance to such public utility for rights-of-way, unless a showing is made in individual cases, upon substantial evidence, to the community development planning director that public policy necessitates such a parcel map.

C. Waiver. The requirements for a parcel map may be waived if the community development planning director reviews an application for waiver, and finds that the proposed division of land complies with requirements established pursuant to this chapter as to the following:

1. Area;

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9 2. Improvement and design;

3. Floodwater drainage control;

4. Appropriate improved public roads;

5. Sanitary disposal facilities;

6. Water supply availability;

7. Environmental protection;

8. Other requirements of this article and the Subdivision Map Act. (Ord. 1352 § 1, 1980; prior code § 21-3.2)

12.28.030 Merger of parcels.

A. General Nonmerger Rule. Except as provided in subsection B, and notwithstanding the provisions of Section 12.24.250, two or more contiguous parcels or units of land meeting the following criteria shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceeding shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any of them which:

1. Have been created under the provisions of the Subdivision Map Act or any prior law regulating the division of land or a local ordinance enacted pursuant thereto; or

2. Were not subject to such provisions at the time of their creation. shall not merge by virtue of the fact that such contiguous parcels or units are held by the same owner, and no further proceeding shall be required for the purpose of sale, lease or financing of such contiguous parcels or units, or any of them.

B. Exception: When Parcels Merge. Two or more contiguous parcels or units held by the same owner shall be deemed to have merged if:

1. Any one of them is located in R-1, R-2, R-3, R-4, C-1, C-2, or M-1 zoning district and comprises less than five thousand square feet in area at the time of determination of merger; and

2. At least one of such contiguous parcels or units is undeveloped by any structure for which a building permit was issued by the city or for which a building permit was not required at the time of construction, or is developed only with one or more accessory structures, or is developed with a single structure, other than an accessory structure, that is also partially sited on a contiguous parcel or unit.

For purposes of determining whether contiguous parcels are held by the same owner, ownership shall be determined as of the date that notice of intention to determine status is reported.

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9 C. Procedure; Merger of Parcels.

1. A merger of parcels becomes effective when the community development planning director causes to be filed for record with the county recorder a notice of merger specifying the names of the record owners and particularly describing the real property.

2. Prior to recording a notice of merger, the community development planning director shall cause to be mailed by certified mail to the then current record owner of the property a notice of intention to determine status, notifying the owner that the affected parcels may be merged pursuant to standards specified by ordinance, and advising the owner of the opportunity to request a hearing on determination of status and to present evidence at the hearing that the property does not meet the criteria for merger. The notice of intention to determine status shall be filed for record with the county recorder on the date that notice is mailed to the property owner.

3. At any time within thirty days after recording of the notice of intention to determine status, the owner of the affected property may file with the planning director a request for hearing on determination of status.

4. Upon receiving a request for a hearing on determination of status, the community development planning director shall fix a date, time, and place for a hearing to be conducted by the director planning commission, and shall so notify the property owner by certified mail. The hearing shall be conducted not less than thirty days following the receipt by the community development planning director of the property owner’s request therefor, but may be postponed or continued with the mutual consent of the planning commission or planning director and the property owner.

5. At the hearing, the property owner shall be given the opportunity to present any evidence that the affected property does not meet the standards for merger specified in subsection B of this section. At the conclusion of the hearing, the community development director planning commission shall make a determination that the affected parcels are to be merged or are not to be merged and shall so notify the owner of its determination. A determination of merger shall be recorded within thirty days after the conclusion of the hearing, as provided for in paragraph 1 of this subsection. The owner may appeal the decision pursuant to Chapter 12.64.

6. If, within the thirty day period specified in paragraph 3, the owner does not file a request for a hearing in accordance with paragraph 5, the community development planning director may, at any time thereafter, make a determination that the affected parcels are to be merged or are not to be merged. A determination of merger shall be recorded as provided for in paragraph 1 no later than ninety days following the mailing of notice required by paragraph 2.

7. If, in accordance with paragraphs 5 or 6, it is determined that the subject property shall not be merged, the community development planning director shall cause to be recorded in the manner specified in paragraph 1 a release of the notice of intention to determine status, recorded pursuant to paragraph 2, and shall mail a clearance letter to the then current owner of record. (Ord. 1461 § 3, 1986: Ord. 1352 § 1, 1980; prior code § 21-3.3)

12.28.040 Unmerger of parcels.

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9 A. Merged Parcels Which Unmerge. Any parcel which has merged, and for which a notice of merger has not been recorded on or before January 1, 1984, shall be deemed not to have merged if on January 1, 1984, none of the conditions described in Section 66451.30(b) of the Government Code exist and if the parcel meets each of the following criteria:

1. Comprises at least five thousand square feet in area.

2. Was created in compliance with applicable laws and ordinances in effect at the time of its creation.

B. Determination as to Unmerger. Upon application of the owner and payment of any applicable fees, the community development planning director shall make a determination that the affected parcels have merged, or if meeting the criteria of subsection A, are to be unmerged.

C. Notice of Status of Parcels Meeting Standards for Unmerger. Upon determination that the parcels have merged and the parcels meet the standards for unmerger set forth in subsection A the community development planning director shall issue to the owner and record with the county recorder a notice of the status of the parcels which will identify each parcel and declare that the parcels are unmerged pursuant to Article 1.5 of division 2 of Title 7 of the Government Code.

D. Notice of Merger. Upon a determination that the parcels have merged and do not meet the criteria in subsection A, the community development planning director shall issue to the owner and record with the county recorder a notice of merger as provided in Section 12.28.030C.1. (Ord. 1461 § 4, 1986)
SECTION 21. Chapter 12.32 (Tentative and Final Parcel Maps) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.32 TENTATIVE AND FINAL PARCEL MAPS

12.32.010 Applicability.

When a parcel map is required for a subdivision pursuant to this article, the procedures of this chapter shall be applicable. (Ord. 1352 § 1, 1980; prior code § 21-4.1)

12.32.020 Form.

The subdivider shall cause the tentative parcel map to be prepared by or under the direction of a registered civil engineer or licensed land surveyor. The tentative parcel map shall be in full conformance with the requirements of this chapter, application requirements published by the community development director, and shall be clearly and legibly drawn. The map shall be eighteen inches by twenty-six inches in size and be to a minimum scale of one inch equals one hundred feet, unless the planning director finds that a larger scale will facilitate review by the city. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. (Ord. 1418 § 3, 1983; prior code § 21-4.2(a))

12.32.030 Information.

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9 The tentative parcel map shall have the following information, unless a specific requirement is waived by the community development director:

1. The tentative project name, if determined, and the tentative parcel map number;

2. Date of preparation;

3. North arrow;

4. Scale;

5. The names and addresses of all parties having any interest in the real property being subdivided;

6. Names, addresses, and registration stamp of the person(s) who prepared the map;

7. Existing and proposed contour lines and sources of contour information;

8. Existing and proposed streets;

9. Existing and proposed sidewalks;

10. Proposed lot lines and dimensions;

11. Proposed areas for public use;

12. Existing or proposed public or private easements, including but not limited to Proposed conservation or open space easements;

13. Approximate percent of grades on streets;

14. Areas of lots in square footage; front footages and widths of lots, and approximate location of all existing buildings on the property which are to be retained;

15. Proposed method of water supply for domestic purposes and for fire protection;

16. Proposed method of sewage disposal;

17. Project boundary approximate dimensions with legal descriptions;

18. In cases where the effective use of the land to be developed necessitates grading, proposed grading by means of both contour lines and supplementary cross sections through the property;

19. Any geologic information required by state law or by the community development director or the city engineer;

20. Lot numbers in consecutive sequence, or lot letters for public or dedication lots;

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9 21. Assessor’s parcel numbers;

22. Approximate locations of areas subject to inundation or flooding and the location, width and direction of flow of all water courses;

23. Location of all existing structures and all heritage trees and street trees;

24. Sufficient blank spaces for all certificates of community development director and city engineer, signatures, and notes;

25. Ties to the property in relation to the adjacent land and adjacent public streets or street intersections;

26. A vicinity map;

27. A title report prepared within six months prior to the filing of the application;

28. A description of landscaping, fences, bridges, gates, or other proposed improvements which may not be fully shown on the map;

29. A statement of the time when improvements are proposed to be completed;

30. Proposed tract or deed restrictions, if any;

31. Information as required by the community development director to allow a determination on environmental review to be made in accordance with the California Environmental Quality Act;

32. A signed statement of compliance indicating whether the proposed project is located on a hazardous waste and substance site as defined in the Government Code Sections 65940 and 65962.5(f);

33. An existing and proposed 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.

34. 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;

35. The community development director may waive any of the above tentative parcel map requirements if the requirements are inapplicable or if other circumstances justify a waiver. The community development director may require other drawings, date, data, or information deemed necessary by the department to accomplish the purposes of the Subdivision Map Act or this title. (Ord. 1728 § 3, 2007: Ord. 1352 § 1, 1980; prior code § 21-4.2(b))

12.32.040 Grading.

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9 The subdivider shall file an application for a grading permit pursuant to Chapter 12.08 of this code with the tentative parcel map whenever where grading is necessary in connection with the development of the subdivision to the extent that a grading permit is required. (Ord. 1352 § 1, 1980; prior code § 21-4.2(c))

12.32.050 Geologic report.

Where the Alquist-Priolo Special Studies Zones Act (Public Resources Code, Section 2621 et seq.) requires that as a condition of approval of a project at the location of the proposed subdivision a geologic report defining and delineating any hazard of surface fault rupture, such report shall be filed prior to consideration of the tentative parcel map. (Ord. 1352 § 1, 1980; prior code § 21-4.2(d))

12.32.060 Soils report.

A. A preliminary soils report, prepared by a civil or soil engineer registered in California and based upon adequate test borings in pits shall be submitted at the time of the filing of the tentative parcel map.

B. Such report may be waived by the community development planning director if the director he or she finds that there is sufficient information in the possession of the city as to the qualities of the soil in the subdivision so that no preliminary analysis is necessary.

C. If the city has information of, or if the preliminary soils report indicates the presence of critically expansive soils or other soils problems which, if not corrected, would lead to structural defects, the community development planning director may require a soils investigation of each lot in the subdivision. Such soils investigation shall be done by a civil engineer registered in California, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the areas where such soils problems exist.

D. The community development planning director may approve the tentative parcel map where such soil problems exist if the director he or she determines that the recommended action is likely to prevent structural damage to each structure to be constructed. A condition of approval of any building permit may require that the approved recommended action be incorporated in the construction of each structure. (Ord. 1352 § 1, 1980; prior code § 21-4.2(e))

12.32.070 Drainage study.

A drainage study prepared by a civil engineer registered in California shall be submitted at the time of the filing of the tentative parcel map. (Ord. 1352 § 1, 1980; prior code § 21-4.2(f))

12.32.080 Relationship to future development.

When a subdivider proposes to subdivide a portion of a larger parcel, the subdivider he or she shall demonstrate in a master plan drawing how the proposed subdivision shall relate to the future development of the remainder of the parcel. (Ord. 1352 § 1, 1980; prior code § 21-4.3)

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9 12.32.090 Initial review.

A. The subdivider shall submit three copies of the tentative parcel map to the community development director for an initial review. The director shall review the tentative parcel map for adequacy and completeness in accordance with Section 12.20.070.

B. If the director determines that the information is not adequate or complete, the subdivider may resubmit the information required in order to complete processing.

C. If the information is found by the director to be adequate and complete, the subdivider may submit to the director copies of the tentative parcel map in accordance with Section 12.32.100. (Ord. 1728 § 4, 2007: Ord. 1352 § 1, 1980; prior code § 21-4.4)

12.32.100 Filing.

Based on the application requirements published by the community development director, the The subdivider shall submit ten copies of the tentative parcel map and a sepia and all other supporting information to the community development director. Upon such submittal, the application shall be deemed to be filed. (Ord. 1728 § 5, 2007: Ord. 1352 § 1, 1980; prior code § 21-4.5)

12.32.110 Distribution and review.

When the tentative parcel map is filed, the community development planning director shall transmit copies thereof to the city engineer, fire marshal chief, chief of police, director of community services parks and recreation, persons in charge of cable television, sewer and water operations, electric, gas and telecommunications utilities, representatives of Pacific Telephone and Telegraph Company and Pacific Gas and Electric Company, school districts having jurisdiction within the city, adjacent cities, the Department of Transportation of the state, San Mateo County Health Department, and such other public agencies as the community development planning director deems advisable. Upon such transmittal, the community development planning director shall advise each recipient that comments regarding the tentative parcel map must be submitted to the director him or her within thirty days of the date of transmittal. (Ord. 1352 § 1, 1980; prior code § 21-4.6)

12.32.120 Reports of consultants.

The community development planning director may engage the services of certain consultants to include, but not be limited to the following: Engineering geologist, soil engineer, landscape architect and seismologist. The director He or she may request the consultants to review the plans for the subdivision and to submit a written report. The subdivider shall be responsible for reimbursement to the city for any cost it incurs for use of any consultants. (Ord. 1352 § 1, 1980; prior code § 21-4.7)

12.32.130 Notice to school district.

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9 A. Within ten days of the filing of the tentative parcel map, the community development planning director shall send a notice of the filing of the map to the governing board of any school district within the boundaries of which the subdivision is proposed to be located.

B. Such notice shall contain information about the location of the proposed subdivision, the number of units, density and other information which would be relevant to the district.

C. If the governing board of the district fails to respond within twenty working days of the date on which the notice was mailed to the school district for comment, such failure to respond shall be deemed approval of the proposed subdivision. (Ord. 1352 § 1, 1980; prior code § 21-

4.8)

12.32.140 Review by community development planning director.

When the review of the tentative parcel map shall have been completed, the community development planning director shall prepare a report and analysis of the proposed tentative parcel map, which shall detail wherein the proposed subdivision does or does not conform with the requirements of this chapter. The report shall be mailed to the subdivider and to each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project not less than three days prior to the public hearing on the application, except if and to the extent that such notice is waived. Fees may be collected from the subdivider for expenses incurred under this section. (Ord. 1418 § 4, 1983; prior code § 21-4.9)

12.32.150 Standard conditions of approval.

The following conditions are standard conditions of approval of all tentative parcel maps.

Unless specifically modified or waived pursuant to this chapter, such conditions shall apply to the approval of each tentative parcel map. The community development planning director shall cause each approval of such map to indicate that the approval is subject to all standard conditions of approval as set forth in this section, except as specifically waived or modified, however, nothing in this section limits the authority of the community development director to impose additional conditions of approval as may be necessary or appropriate in order to 1) ensure compliance with applicable subdivision standards and requirements, 2) enable the city to make the necessary findings to approve the subdivision, or 3) as necessary to protect the general public health, safety, or welfare. Such conditions shall be applicable to all tentative parcel maps deemed approved by operation of law for or failure to take formal action within the period required by law. The conditions are:

A. The city reserves the right to require the subdivider to provide easements for public utilities as needed.

B. Prior to recordation of the final parcel map, an improvement plan for public improvements shall be submitted by the subdivider to the city for review and comment.

C. Prior to recordation of the final parcel map, the subdivider shall submit to the city for review and comment a schedule of development plan.

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9 D. Prior to the recordation of the final parcel map, the subdivider shall enter into a master subdivision agreement with the city.

E. Prior to the recordation of the final parcel map, a final electrical plan for the installation of street lights shall be submitted by the subdivider for review and comment.

F. Prior to the recordation of the final parcel map, the subdivider shall submit to the city for review and comment a landscape planting plan.

G. Prior to the recordation of the final parcel map, the subdivider shall submit to the city an appraisal report which indicates the value of the improved land as a result of the subdivision to determine in-lieu fees.

H. Prior to the recordation of the final parcel map, the subdivider shall submit to the city a recreation fee based upon the formula set forth in Section 12.44.140.

I. Prior to the issuance of a city building permit, a maintenance of landscaping agreement shall be signed by the subdivider for the maintenance of the proposed street trees, which agreement shall run with the land and be binding upon successors in interest of the subdivider J. The city reserves the right to require full replacement of existing curb, gutter, and sidewalk improvements along the frontage of the subdivision. (Ord. 1352 § 1, 1980; prior code § 21-4.10)

12.32.160 Public hearing.

A. The community development planning director shall schedule a public hearing at which the tentative parcel map shall be considered.

B. Not less than ten days before the public hearing, the community development planning director shall give notice of the time and place thereof and a general description of the location of the subdivision or proposed subdivision by at least one publication in a newspaper of general circulation printed and published in the county and circulated in the city.

C. Not less than ten days prior to such hearing there shall be mailed, postage prepaid, a notice of the time and place of such hearing and a general description of the location of the subdivision or proposed subdivision to all persons whose names and addresses appear on the last equalized assessment roll as owning real property within three hundred feet from the exterior boundaries of the proposed subdivision. In the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, such notice shall also be given to each tenant of the subject property, and, in addition to notice of the time and place of the public hearing, shall include notification of the tenant’s right to appear and the right to be heard. Fees may be collected from the subdivider for expenses incurred under this section.

D. The community development planning director shall conduct a public hearing on the application for the tentative parcel map.

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9 E. Failure to receive the notice required by this section shall not invalidate any action taken pursuant to this article. (Ord. 1418 § 5, 1983; Ord. 1352 § 1, 1980; prior code § 21-4.11)

12.32.170 Environmental review.

The community development planning director shall not approve a tentative parcel map unless, with regard to the project for which tentative parcel map approval is sought, the director he or she shall have determined, pursuant to the California Environmental Quality Act (CEQA), or regulations promulgated thereunder:

A. That the project is exempt from CEQA; or
B. That a negative declaration for the project shall have been certified; or C. That a final environmental impact report (EIR) for the project shall have been reviewed, considered and certified. (Ord. 1352 § 1, 1980; prior code § 21-4.12(a))

12.32.180 Time limit.

A. Not later than fifty days after the filing of the tentative parcel map, the community development planning director shall approve, conditionally approve, or disapprove it and shall report his or her action to the subdivider, unless the subdivider shall have authorized an extension for such action in writing. The community development planning director shall comply with the time periods referred to in Section 21151.5 of the Public Resources Code, within the time limits set forth in this subsection. However, for environmental determinations set forth in Section 12.32.170.B or 12.32.170.C, the fifty day time limit shall begin on the day of the environmental determination. if an environmental impact report is prepared for the tentative parcel map, the fifty day period specified in this subsection shall not apply, and the planning director shall render his or her decision required by this subsection within forty-five days after certification of the environmental impact report.

B. No routine waiver of the time limits shall be required as a condition of accepting the application for the tentative parcel map unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same development project.

C. At the time that the subdivider makes an application for approval of a tentative parcel map, the community development planning director shall determine whether or not the city is able to meet the time limits specified by law for reporting and acting on maps. If the community development planning director determines that the city will be unable to meet such time limits, the city shall, upon request of the subdivider and for the purpose of meeting such time limits, contract or employ a private entity or persons on a temporary basis to perform such services as necessary to permit the city to meet such time limits. However, the city need not enter into such a contract or employ such persons if the community development planning director finds that (1) no such entities or persons are available or qualified to perform such services or (2) the city would be able to perform services in a more rapid fashion than would any available and qualified persons or entities.

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9 D. Such entities or persons may, pursuant to an agreement with the city, perform all functions necessary to process the tentative parcel map and final parcel map and to comply with other requirements imposed pursuant to the Subdivision Map Act and this article, except those functions reserved to the city council. The city may charge subdividers fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section.

E. If no action is taken upon the tentative parcel map by the community development planning director within said fifty day time period, or any authorized extension thereof, the tentative parcel map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of the Subdivision Map Act, this article, the California Environmental Quality Act, and this code. (Ord. 1418 § 6, 1983; prior code § 21-4.12(b))

12.32.190 Findings for approval.

After the conclusion of the public hearing, the community development planning director shall approve the tentative parcel map if the director he or she makes all of the following findings:

A. The proposed parcel map, together with the provisions for its design and improvement, is consistent with the general plan and any specific plan as specified in Section 65451 of the Government Code. This subsection shall not be applicable to condominium projects or stock cooperatives which consist only of the subdivision of airspace in an existing structure unless such general plan contains definite objectives and policies, specifically directed to the conversion of existing buildings into condominium projects or stock cooperatives.

B. The real property to be subdivided, and each lot or parcel to be created, is of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, geologic hazard or other menace;
C. Each lot or parcel to be created will constitute a buildable site and will be capable of being developed in accordance with the applicable provisions of the zoning ordinance; D. The site is physically suitable for the type and proposed density of development; E. The design of the subdivision and improvements, and the type of improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, or to cause serious public health problems; F. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The community development planning director may approve a map if the director he or she finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall only be applicable to easements of record or easements established by judgment in a court of competent jurisdiction.

G. The proposed subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities such as: (1) passive or natural heating opportunities in subdivision design, include design of lot size and configuration to permit orientation of a

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9 structure in an east-west alignment for southern exposure; and (2) passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

H. The effect of approving the proposed subdivision on regional housing needs has been considered and balanced against the public service needs of the community and available fiscal and environmental resources.
(Ord. 1418 § 7, 1983; Ord. 1352 § 1, 1980; prior code § 21-4.12(c))

12.32.200 Disapproval when.

The community development planning director shall deny approval of a tentative parcel map if the director he or she makes any of the following findings:

A. That the proposed map is not consistent with the general plan or any applicable specific plan as specified in Section 65451 of the Government Code. This subsection shall not apply to condominium projects or stock cooperatives which consist only of the subdivision of airspace in an existing structure unless such general plan contains definite objectives and policies, specifically directed to the conversion of existing buildings into condominium projects or stock cooperatives.

B. That the design or improvement of the proposed subdivision is not inconsistent with the general plan or any applicable specific plan;
C. That the site is not physically suitable for the type of development; D. That the site is not physically suitable for the proposed density of development; E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife and their habitat:

F. That the design of the subdivision or the type of improvements is likely to cause serious public health problems;
G. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision, and that no alternative easement for access or for use will be provided which will be substantially equivalent to ones previously acquired by the public.

H. That the proposed subdivision does not provide, to the extent feasible, for future passive or natural heating or cooling opportunities such as: (1) passive or natural heating opportunities in subdivision design, include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure; and (2) passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

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9 I. The effect of approving the proposed subdivision on regional housing needs has been considered and does not offset the negative impacts to public service needs of the community and available fiscal and environmental resources.
(Ord. 1418 § 8, 1983; Ord. 1352 § 1, 1980; prior code § 21-4.12(d))

12.32.210 Technical map deficiencies.

Where a map fails to meet or perform any requirement imposed by the Subdivision Map Act or by this chapter, the community development planning director may nevertheless approve the map if the director he or she finds that the failure of the map is the result of a technical or inadvertent error which, in his or her judgment, does not materially affect the validity of the map. (Ord. 1352 § 1, 1980; prior code § 21-4.12(e))

12.32.215 Parcel maps considered pending legislative amendments.

A. In determining whether to approve or disapprove an application for a tentative parcel map, the community development planning director shall apply only the ordinances, policies, and standards in effect at the date the city has determined that the application is complete pursuant to Section 65943 of the Government Code.

B. However, if the city has formally initiated proceedings by way of ordinance or resolution and has published notice in the manner prescribed in subdivision (a) of Government Code Section 65090 containing a description sufficient to notify the public of the nature of the proposed change in the of such ordinance or resolution, in accord with the procedures used by the city for publication of ordinances, to amend applicable general or specific plans, or zoning or subdivision ordinances before it has received the completed application, the community development planning director may apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date the community development planning director approves or disapproves the tentative parcel map.

C. If the subdivision applicant requests changes in applicable ordinances, policies, or standards in connection with the same development project, any ordinances, policies or standards adopted pursuant to the applicant’s request shall apply.

D. This section shall not apply to tentative parcel maps which were approved, conditionally approved, or disapproved prior to July 1, 1983.

E. This section shall be inoperative after January 1, 1989. (Ord. 1418 § 9, 1983; prior code § 21-4.12(f))

12.32.220 Notification of action by community development planning director.

Notice of approval, denial or conditional approval shall be mailed to the subdivider by the community development planning director within ten days of the action on the map. (Ord. 1352 § 1, 1980; prior code § 21-4.13)

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9 12.32.230 Withdrawal of map.

A subdivider may withdraw the tentative parcel map application by transmitting written notice of withdrawal to the community development planning director. No refund in filing fee for any such map withdrawn shall be made. (Ord. 1352 § 1, 1980; prior code § 21-4.14)

12.32.240 Time extensions of approved tentative parcel map.

A. An approved or conditionally approved tentative parcel map shall expire twenty-four months after its approval or conditional approval.

B. The expiration of the approved or conditionally approved tentative parcel map shall terminate all proceedings and no final parcel map of all or any portion of the real property included within the tentative parcel map shall be filed without first processing a new tentative parcel map. Once a timely filing is made, subsequent actions of the city, including, but not limited to, processing, approving, and recording, may lawfully occur after the date of expiration of the tentative parcel map.

C. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative parcel map, the time at which the map expires may be extended by the community development planning director for a period or periods not exceeding a total of three years. If the community development planning director denies a subdivider’s application for extension, the subdivider may appeal to the planning commission city council pursuant to Chapter 12.64. Planning commission decisions on appeals may be appealed to the city council pursuant to Chapter 12.64.

D. The period of time specified in subsection A shall not include periods of time described in subsections (a) and (c) of Section 66452.6 of the Government Code. (Ord. 1418 § 10, 1983; prior code § 21-4.15)

12.32.250 Amendment.

An approved tentative parcel map may be amended by filing an application therefor in map form and in writing with the community development planning director. Such application shall be processed in the same manner as an original application for a tentative parcel map. (Ord. 1352 § 1, 1980; prior code § 21-4.16)

12.32.260 Final parcel map—Processing procedure.

The procedure for processing a final parcel map shall be as set forth in Chapter 12.40; provided, however, that the city engineer shall be responsible for approval, conditional approval, or disapproval of final parcel maps and is hereby authorized to acceptance or rejection of dedications or offers of dedication. (Ord. 1352 § 1, 1980; prior code § 21-4.17)

12.32.270 Final parcel map—Conformity.

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9 A. Upon receipt by the city engineer of the final parcel map and the other data submitted therewith, the city engineer he or she and the community development planning director shall, within fifteen days of the date of filing, examine the final parcel map to determine that the subdivision as shown thereon is substantially the same as it appeared on the tentative parcel map and that all provisions of the Subdivision Map Act and of this chapter which were applicable at the time of approval of the tentative parcel map have been complied with.

B. If the city engineer and the community development planning director determine that full conformity therewith has not been made, they shall advise the subdivider of the changes or additions that shall be made for such purpose.

C. If the city engineer and the community development planning director determine that full conformity therewith has been made, they shall so certify on the tracing of such map and shall transmit such map to the city clerk.

D. The city clerk shall certify on the tracing of such map that such map is ready for recordation. (Ord. 1352 § 1, 1980; prior code § 21-4.18)

12.32.280 Final parcel map—Transmittal to county recorder.

After the approval of a final parcel map, the city clerk shall transmit such map directly to the county recorder. (Ord. 1352 § 1, 1980; prior code § 21-4.19)

12.32.290 Final parcel map—Correction and amendment.

A. After a final parcel map is filed in the office of the county recorder, it may be amended by a certificate of correction or an amending map:

1. To correct an error in any course or distance shown thereon; or

2. To show any course or distance that was omitted therefrom; or

3. To correct an error in the description of the real property shown on the map; or

4. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or

5. To show the proper location or character of any monument which has been changed in location or character which originally was shown at the wrong location or incorrectly as to its character; or

6. To correct any other type of map error or omission as approved by the city engineer which does not affect any property right. Such errors and omissions may include, but are not limited to lot numbers, acreage, street names and identification of adjacent record maps.

As used in this section, “error” does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final parcel map.

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9 B. The amending map or certificate of correction shall be prepared and signed by a civil engineer or land surveyor. An amending map shall conform to the requirements of Section 66445 of the Government Code. The amending map or certificate of correction shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission. The map shall be filed with the community development director of planning and building.

C. The amending map or certificate of correction certified by the city engineer shall be filed with the county recorder. (Ord. 1352 § 1, 1980; prior code § 21-4.20) SECTION 22. Chapter 12.36 (Tentative Tract Maps) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.36 TENTATIVE TRACT MAPS

12.36.010 Applicability.

When a tract map is required for a subdivision pursuant to this article, the procedures of this chapter shall be applicable. (Ord. 1352 § 1, 1980; prior code § 21-5.1)

12.36.020 Form.

The subdivider shall cause the tentative tract map to be prepared by a registered civil engineer or licensed land surveyor. The tentative tract map shall be in full conformance with the requirements of this chapter, application requirements published by the community development director, and shall be clearly and legibly drawn. The map shall be eighteen inches by twenty-six inches in size and be to a minimum scale of one inch equals one hundred feet, unless the planning director finds that a larger scale will facilitate review by the city. A marginal line shall be drawn completely around each sheet, leaving an entirely blank margin of one inch. (Ord. 1352 § 1, 1980; prior code § 21-5.2(a))

12.36.030 Information.

The tentative tract map shall have the following information, unless a specific requirement is waived by the community development director:

1. A key map showing the location of the proposed subdivision;

2. The tentative project name, if determined, and the tentative tract map number;

3. Date of preparation;

4. North arrow;

5. Scale;

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9 6. The names and addresses of all parties having any record interest in the real property being subdivided;

7. Names, addresses and registration stamp of the person(s) who prepared the map;

8. The names and numbers of adjacent subdivisions showing the lot and block or parcel numbers for adjoining lots and the names of the owners and parcel numbers of other adjacent land;

9. Project boundary approximate dimensions with legal descriptions;

10. Existing use of land;

11. Location and outline to scale of all existing and proposed building sites and driveways with an indication of whether they are to remain or be removed;

12. Existing and proposed contour lines and sources of contour information;

13. Existing and proposed streets;

14. Approximate percent of grades on streets;

15. Approximate centerline or property line radii of all curves on streets;

16. Proposed lot lines;

17. Lot numbers in consecutive sequence, or lot letters for public or dedication lots;

18. Areas of lots in square footage, front footage and width of lots;

19. Assessor’s parcel numbers;

20. Proposed areas for public use;

21. Existing or proposed public and private easements, including but not limited to Proposed conservation or open space easements;

22. Approximate locations of areas subject to inundation or flooding and the location, width and direction of flow of all water courses;

23. Source of water supply for domestic purposes and fire protection for the proposed subdivision;

24. Proposed improvements to show the proposed outline and dimension of each system and easement, to include, but not be limited to, storm drains, sanitary sewers, gas and water lines and other public utilities;

25. Proposed method of sewage disposal and drainage within the proposed subdivisions;

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9 26. Location of all existing structures and all street and heritage trees;

27. Sufficient blank spaces for all certificates, signatures and notes;

28. Ties to the property in relation to the adjacent land and adjacent public streets or street intersections;

29. A vicinity map;

30. A title report prepared within six months prior to the filing of the application;

31. A description of landscaping, fences, bridges, gates, or other proposed improvements which may not be fully shown on the map;

32. A statement of the time when improvements are proposed to be completed;

33. Proposed tract or deed restrictions, if any;

34. Information as required by the community development director to allow a determination on environmental review to be made in accordance with the California Environmental Quality Act;

35. A signed statement of compliance indicating whether the proposed project is located on a hazardous waste and substance site as defined in the Government Code Sections 65940 and 65962.5(f);

36. Accompanying statements and materials as required in Section 12.36.080;

37. An existing and proposed 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;

38. 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; and

39. The community development director may waive any of the above tentative tract map requirements if the requirements are inapplicable or if other circumstances justify a waiver. The community development director may require other drawings, data, date, or information deemed necessary by the department to accomplish the purposes of the Subdivision Map Act or this title. (Ord. 1728 § 6, 2007: Ord. 1352 § 1, 1980; prior code § 21-5.2(b))

12.36.040 Grading.

The subdivider shall file an application for a grading permit pursuant to Chapter 12.08 of this code with the tentative tract map where grading is necessary in connection with the

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9 development of the subdivision to the extent that a grading permit is required. (Ord. 1352 § 1, 1980; prior code § 21-5.2(c))

12.36.050 Geologic report.

Where the Alquist-Priolo Special Studies Zone Act (Public Resources Code, Section 2621 et seq.) requires that as a condition of approval of a project at the location of the proposed subdivision a geologic report defining and delineating any hazard of surface fault rupture, such report shall be filed prior to consideration of the tentative tract map. (Ord. 1352 § 1, 1980; prior code § 21-5.2(d))

12.36.060 Soil report.

A. A preliminary soil report, prepared by an engineer registered in California and based upon adequate test borings in pits shall be submitted at the time of the filing of the tentative tract map.

C. If the city has information of, or if the preliminary soils report indicates the presence of critically expansive soils or other soil problems which, if not corrected, would lead to structural defects, the community development planning director may require a soil investigation of each lot in the subdivision. Such soil investigation shall be done by a civil or soil engineer registered in California, who shall recommend the corrective action which is likely to prevent structural damage to each structure proposed to be constructed in the area where such soil problems exist.

D. The planning commission may approve the tentative tract map where such soil problems exist if it determines that the recommended action is likely to prevent structural damage to each structure to be constructed. A condition of approval of any building permit may require that the approved recommended action be incorporated in the construction of each structure. (Ord. 1352 § 1, 1980; prior code § 21-5.2(e))

12.36.070 Drainage study.

A drainage study prepared by a civil engineer registered in California shall be submitted at the time of the filing of the tentative tract map. (Ord. 1352 § 1, 1980; prior code § 21-5.2(f))

12.36.080 Accompanying statements and materials.

The following statements and materials shall accompany each copy of the tentative tract map, unless a requirement is specifically waived by the community development director:

A. Profiles drawn to scale to show clearly all details thereof showing centerline, existing ground and finished grade elevations of all streets. All elevations shall be indicated to the

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9 nearest one foot and shall be referred to mean sea level datum, as established by the United States Coast and Geodetic Survey or to elevations or bench marks as established by the city engineer. The community development planning director may waive this requirement if, in his or her judgment, the condition of the topography makes it unnecessary.

B. Typical cross sections of all streets, and when required, details of beams, curbs, gutters, walks and other improvements, drawn to scale to show clearly all details thereof; C. A statement as to proposed uses of the land with a percentage amount of the uses in proportion to the total area;
D. A plan for street trees and other landscaping;
E. A statement of the improvements proposed to be made or installed by the developer, and the time at which such improvements are proposed to be made or completed; F. A statement of the improvements proposed to be made or previously installed by the private utility company or public agency and the time within which such improvements are proposed to be made or completed, and statements from such private utilities or public agencies as to the adequacy of the right-of-way or easements proposed; G. Proposed covenants, restrictions and conditions;
H. A statement as to the relation to known and inferred fault lines and to the relation to the Special Studies Zone as outlined in the Alquist-Priolo Act; I. Such other information as may be required by the community development planning director and the city engineer. (Ord. 1352 § 1, 1980; prior code § 21-5.2(g))

12.36.090 Relationship to future development.

12.36.100 Initial review.

A. The subdivider shall submit three copies of the tentative tract map to the community development director for an initial review. The director shall review the tentative tract map for adequacy and completeness in accordance with Section 12.20.070.

B. If the director determines that the information is not adequate or complete, the subdivider may resubmit the information required in order to complete processing.

C. If the information is found by the director to be adequate and complete, the subdivider may submit to the director copies of the tentative tract map in accordance with Section 12.36.110. (Ord. 1728 § 7, 2007: Ord. 1352 § 1, 1980; prior code § 21-5.4)

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9 12.36.110 Filing.

Based on the application requirements published by the community development director, the The subdivider shall submit ten copies of the tentative tract map and a sepia and all other supporting information to the community development director. Upon such submittal, the application shall be deemed to be filed. (Ord. 1728 § 8, 2007: Ord. 1352 § 1, 1980; prior code § 21-5.5)

12.36.120 Distribution and review.

When the tentative tract map is filed, the community development planning director shall transmit copies thereof to the city engineer, fire marshal chief, chief of police, director of community servicesparks and recreation, persons in charge of cable television, sewer, and water operations, electric, gas, and telecommunications utilitiesand representatives of Pacific Telephone and Telegraph Company, Pacific Gas and Electric Company, school districts having jurisdiction within the city, adjacent cities, the Department of Transportation of the state, San Mateo County Health Department, and such other public agencies as the community development planning director deems advisable. Upon such transmittal, the community development planning director shall advise each recipient that comments regarding the tentative tract map must be submitted to the director him or her within thirty days of the date of transmittal. (Ord. 1352 § 1, 1980; prior code § 21-5.6)

12.36.130 Reports of consultants.

The community development planning director may engage the services of certain consultants to include, but not be limited to the following: Engineering Geologist, Soil Engineer, Landscape Architect and Seismologist. The director He or she may request the consultants to review the plans for the subdivision and to submit a written report. The subdivider shall be responsible for reimbursement of the city for any cost it incurs for use of any consultants. (Ord. 1352 § 1, 1980; prior code § 21-5.7)

12.36.140 Notice to school district.

A. Within ten days of the filing of the tentative tract map the community development planning director shall send a notice of the filing of the map to the governing board of any school district within the boundaries of which the subdivision is proposed to be located.

B. Such notice shall contain information about the location of the proposed subdivision, the number of units, density and other information which would be relevant to the district.

5.8)

12.36.150 Review by community development planning director.

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9 When the review of the tentative tract map shall have been completed the community development planning director shall prepare a report on the following:

A. The conformance of the proposed subdivision with the general plan of the city and any relevant specific plans which may have been adopted;
B. The conformance of the proposed subdivision to existing zoning for the area; C. The design of lots, circulation facilities and other features with relation to the following:

1. Adopted city policies;

2. The character of the land and the general environment of the proposed subdivision;

3. Design standards of this article;

4. Numbering of lots and blocks;

5. Distances of existing buildings in relation to each other and lot lines;

6. Need for conservation easements;

7. Visual aesthetics of the subdivision and aesthetic relationships between the subdivision and surrounding area;

8. Adequacy of building sites and designation of those sites which will require special review when building permits are applied for;

9. Appropriateness of lot lines and street layout;

10. Driveway layouts;

11. Grading and drainage designs. (Ord. 1352 § 1, 1980; prior code § 21-5.9)

12.36.160 Review by city engineer.

A. When the review of the tentative tract map shall have been completed the city engineer shall submit a report on the following:

1. The improvements required under the provisions of this article;

2. Adequacy of easements required for public improvements, utilities and drainage;

3. Effect of the proposed subdivision and any proposed grading in connection therewith on development in the general area, adequacy of proposed methods of handling drainage and storm water runoff proposed by the subdivider, necessary erosion control measures during and after grading;

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9 4. Effects of the proposed subdivision on other public improvements under the jurisdiction of the city engineer:

5. Required improvement security for grading, maintenance or both;

6. Adequacy of water supply for domestic purposes and fire protection for the proposed subdivision;

7. Adequacy of the sewage disposal system proposed.

B. The report shall be mailed to the subdivider and to each tenant of the subject property, in the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project not less than three days prior to the hearing on the application, except if and to the extent that the notice is waived. Fees may be collected from the subdivider for expenses incurred under this subsection. (Ord. 1418 § 11, 1983; Ord. 1352 § 1, 1980; prior code § 21-5.10)

12.36.170 Standard conditions of approval.

The following conditions are standard conditions of approval of all tentative tract maps.

Unless specifically modified or waived pursuant to this chapter, such conditions shall apply to the approval of each tentative tract map. The planning commission, in approving any such map, shall require that such approval be subject to all standard conditions of approval as set forth in this section, except as specifically waived or modified, however, nothing in this section limits the authority of the planning commission to impose additional conditions of approval as may be necessary or appropriate in order to 1) ensure compliance with applicable subdivision standards and requirements, 2) enable the city to make the necessary findings to approve the subdivision, or 3) as necessary to protect the general public health, safety, or welfare. Such conditions shall be applicable to all tentative tract maps deemed approved by operation of law for failure to take formal action within the period required by law. The conditions are:

A. The city reserves the right to require the subdivider to provide easements for public utilities as needed.

B. Prior to recordation of the final tract map, an improvement plan for public improvements shall be submitted by the subdivider to the city for review and comment.

C. Prior to recordation of the final tract map, the subdivider shall submit to the city for review and comment a schedule of development plan.

D. Prior to the recordation of the final tract map, the subdivider shall enter into a master subdivision agreement with the city.

E. Prior to the recordation of the final tract map a final electrical plan for the installation of street lights shall be submitted by the subdivider for review and comment.

F. Prior to the recordation of the final tract map, the subdivider shall submit to the city for review and comment a landscape planting plan.

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9 G. Prior to the recordation of the final tract map, the subdivider shall submit to the city an appraisal report which indicates the value of the improved land as a result of the subdivision to determine in-lieu fees.

H. Prior to the recordation of the final tract map the subdivider shall submit to the city a recreation fee based upon the formula set forth in Section 12.44.140.

J. The city reserves the right to require full replacement of existing curb, gutter and sidewalk improvements along the frontage of the subdivision. (Ord. 1352 § 1, 1980; prior code § 21-5.11)

12.36.180 Public hearing.

A. The community development planning director shall schedule a public hearing at which the tentative tract map shall be considered by the planning commission.

B. Not less than ten days before the public hearing the community development planning director shall give notice of the time and place thereof and a general description of the location of the subdivision or proposed subdivision by at least one publication in a newspaper of general circulation printed and published in the county and circulated in the city.

C. Not less than ten days prior to such public hearing there shall be mailed, postage prepaid, a notice of the time and place of such hearing and a general description of the location of the subdivision or proposed subdivision to all persons whose names and addresses appear on the last equalized assessment roll as owning real property within three hundred feet from the exterior boundaries of the proposed subdivision. In the case of a proposed conversion of residential real property to a condominium project, community apartment project, or stock cooperative project, such notice shall also be given to each tenant of the subject property, and, in addition to notice of the time and place of the public hearing, shall include notification of the tenant’s right to appear and the right to be heard. Fees may be collected from the subdivider for expenses incurred under this section.

D. The planning commission shall conduct a public hearing on the application for the tentative tract map.

E. Failure to receive the notice required by this section shall not invalidate any action taken pursuant to this article. (Ord. 1418 § 12, 1983; prior code § 21-5.12)

12.36.190 Passive or natural heating and cooling.

A. The design of a subdivision for which a tentative tract map is required shall provide, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision.

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9 B. Examples of passive or natural heating and cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure and to take advantage of shade or prevailing breezes.

C. In providing for future passive or natural heating or cooling opportunities in the design of a subdivision, consideration shall be given to local climate, to contour, to configuration of the parcel to be subdivided, and to other design and improvement requirements. Such provision shall not be imposed so as to result in reducing allowable densities or the percentage of a lot which may be occupied by a building or structure under the zoning ordinance as applicable at the time of filing of the tentative tract map.

D. The requirements of this section do not apply to condominium projects which consist of the subdivision of airspace in an existing building when no new structures are added.

E. For the purposes of this section, “feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technological factors. (Ord. 1352 § 1, 1980; prior code § 21-5.12.5)

12.36.200 Environmental review.

The planning commission shall not approve a tentative tract map unless, with regard to the project for which tentative tract map approval is sought, it shall have determined pursuant to the California Environmental Quality Act (CEQA), or regulations promulgated thereunder:

A. That the project is exempt from CEQA;
B. That a negative declaration for the project shall have been certified; C. That a final environmental impact report (EIR) for the project shall have been reviewed, considered and certified. (Ord. 1352 § 1, 1980; prior code § 21-5.13(a))

12.36.210 Time limit.

A. Not later than fifty days after the filing of the tentative tract map, the planning commission shall approve, conditionally approve, or disapprove it and shall report its action to the subdivider, unless the subdivider shall have authorized an extension for such action in writing. The planning commission shall comply with the time periods referred to in Section 21151.1 of the Public Resources Code, within the time limits set forth in this section. However, for environmental determinations set forth in Section 12.36.200.B or 12.36.200.C, the fifty day time limit shall begin on the day of the environmental determination. if an environmental impact report is prepared for the tentative tract map, the fifty day period specified in this section shall not apply, and the planning commission shall render its decision required by this section within forty-five days after certification of the environmental impact report.

B. No routine waiver of the time limits shall be required as a condition of accepting the application for the tentative tract map unless the routine waiver is obtained for the purpose of permitting concurrent processing of related approvals or an environmental review on the same development project.

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9 C. At the time that the subdivider makes an application for approval of a tentative tract map, the community development planning director shall determine whether or not the city is able to meet the time limits specified by law for reporting and acting on maps. If the community development planning director determines that the city will be unable to meet such time limits, the city shall, upon request of the subdivider and for the purpose of meeting such time limits, contract or employ a private entity or persons on a temporary basis to perform such services as necessary to permit the city to meet such time limits. However, the city need not enter into such a contract or employ such persons if the community development planning director finds that (1) no such entities or persons are available or qualified to perform such services or (2) the city would be able to perform services in a more rapid fashion than would any available and qualified persons or entities.

D. Such entities or persons may, pursuant to an agreement with the city, perform all functions necessary to process the tentative tract map and final tract map and to comply with other requirements imposed pursuant to the Subdivision Map Act and this chapter, except those functions reserved to the city council. The city may charge subdividers fees in an amount necessary to defray costs directly attributable to employing or contracting with entities or persons performing services pursuant to this section.

E. If no action is taken upon the tentative tract map by the community development planning director within said fifty day time period, or any authorized extension thereof, the tentative tract map as filed shall be deemed to be approved insofar as it complies with other applicable requirements of the Subdivision Map Act, this article, the California Environmental Quality Act, and this code. (Ord. 1418 § 13, 1983; prior code § 21-5.13(b))

12.36.220 Findings for approval.

After the conclusion of the public hearing the planning commission shall approve the tentative tract map if it makes all of the following findings:

A. The proposed tract map, together with the provisions for its design and improvement, is consistent with the general plan and any specific plan as specified in Section 65451 of the Government Code. This subsection shall not be applicable to condominium projects or stock cooperatives which consist only of the subdivision of airspace in an existing structure unless such general plan contains definite objectives and policies, specifically directed to the conversion of existing buildings into condominium projects or stock cooperatives.

B. The real property to be subdivided, and each lot or parcel to be created is of such character that it can be used safely for building purposes without danger to health or peril from fire, flood, geologic hazard or other menace;
C. Each lot or parcel to be created will constitute a buildable site and will be capable of being developed in accordance with the applicable provisions of the zoning ordinance; D. The site is physically suitable for the type and proposed density of development; E. The design of the subdivision and improvements, and the type of improvements is not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat or to cause serious public health problems:

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9 F. The design of the subdivision or type of improvements will not conflict with easements, acquired by the public at large, for access through, or use of, property within the proposed subdivision. The planning commission may approve a map if it finds that alternate easements for access or for use will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall only be applicable to easements of record or easements established by judgment in a court of competent jurisdiction. (Ord. 1418 § 14, 1983; Ord. 1352 § 1, 1980; prior code § 21-5.13(c)) G. The proposed subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities such as: (1) passive or natural heating opportunities in subdivision design, include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure; and (2) passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

12.36.230 Disapproval when.

The planning commission shall deny approval of a tentative tract map if it makes any of the following findings:

A. That the proposed map is not consistent with the general plan or any applicable specific plan as specified in Section 65451 of the Government Code. This subsection shall not apply to condominium projects or stock cooperatives which consist only of the subdivision of airspaces in an existing structure unless such general plan contains definite objectives and policies, specifically directed to the conversion of existing buildings into condominium projects or stock cooperatives.

B. That the design or improvement of the proposed subdivision is not consistent with the general plan or any applicable specific plan;
C. That the site is not physically suitable for the type of development; D. That the site is not physically suitable for the proposed density of development; E. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat;
F. That the design of the subdivision or the types of improvements is likely to cause serious public health problems;
G. That the design of the subdivision or the type of improvements will conflict with easements acquired by the public at large, for access through or use of, property within the proposed subdivision, and that no alternative easement for access or for use will be provided which will be substantially equivalent to ones previously acquired by the public.

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9 H. The proposed subdivision does not provide, to the extent feasible, for future passive or natural heating or cooling opportunities such as: (1) passive or natural heating opportunities in subdivision design, include design of lot size and configuration to permit orientation of a structure in an east-west alignment for southern exposure; and (2) passive or natural cooling opportunities in subdivision design include design of lot size and configuration to permit orientation of a structure to take advantage of shade or prevailing breezes.

I. The effect of approving the proposed subdivision on regional housing needs has been considered and does not offset the negative impacts to public service needs of the community and available fiscal and environmental resources.
(Ord. 1418 § 15, 1983; Ord. 1352 § 1, 1980; prior code § 21-5.13(d))

12.36.240 Technical map deficiencies.

Where a map fails to meet or perform any requirement imposed by the Subdivision Map Act or by this chapter, the planning commission may nevertheless approve the map if it finds that the failure of the map is the result of a technical or inadvertent error which, in its judgment, does not materially affect the validity of the map. (Ord. 1352 § 1, 1980; prior code § 21-5.13(e))

12.36.245 Tract maps considered pending legislative amendments.

A. In determining whether to approve or disapprove an application for a tentative tract map, the planning commission shall apply only the ordinances, policies, and standards in effect at the date the city has determined that the application is complete pursuant to Section 65943 of the Government Code.

B. However, if the city has formally initiated proceedings by way of ordinance or resolution, and has published notice in the manner prescribed in subdivision (a) of Government Code Section 65090 containing a description sufficient to notify the public of the nature of the proposed change in the in accord with the procedures used by the city for publication of ordinances, to amend applicable general or specific plans, or zoning or subdivision ordinances before it has received the completed application, the planning commission may apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date the planning commission approves or disapproves the tentative tract map.

C. If the subdivision applicant requests changes in applicable ordinances, policies, or standards in connection with the same development project, any ordinances, policies, or standards adopted pursuant to the applicant’s request shall apply.

D. This section shall not apply to tentative tract maps which were approved, conditionally approved, or disapproved prior to July 1, 1983.

E. This section shall be inoperative after January 1, 1989. (Ord. 1418 § 16, 1983; prior code § 21-5.13(f))

12.36.250 Notification of commission action by planning director.

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9 Notice of approval, denial or conditional approval shall be mailed to the subdivider by the community development planning director within ten days of the action on the tract map. (Ord. 1352 § 1, 1980; prior code § 21-5.14)

12.36.260 Withdrawal of map.

A subdivider may withdraw the tentative tract map application by transmitting written notice of withdrawal to the community development planning director. No refund in filing fee for any such withdrawal shall be made. (Ord. 1352 § 1, 1980; prior code § 21-5.15)

12.36.270 Time extensions.

A. An approved or conditionally approved tentative tract map shall expire twenty-four months after its approval or conditional approval.

B. The expiration of the approved or conditionally approved tentative tract map shall terminate all proceedings and no final tract map or all or any portion of the real property included within the tentative tract map shall be filed without first processing a new tentative tract map. Once a timely filing is made, subsequent actions of the city, including, but not limited to, processing, approving and recording, may lawfully occur after the date of expiration of the tentative tract map.

C. Upon application of the subdivider filed prior to the expiration of the approved or conditionally approved tentative tract map, the time at which the map expires may be extended by the planning commission for a period or periods not exceeding a total of three years. If the planning commission denies a subdivider’s application for extension, the subdivider may appeal to the city council pursuant to Chapter 12.64.

D. The period of time specified in subsection A shall not include periods of time described in subsections (a) and (c) of Section 66452.6 of the Government Code. (Ord. 1418 § 17, 1983; prior code § 21-5.16)

12.36.280 Amendment.

An approved tentative tract map may be amended by filing an application in map form and in writing with the community development planning director. Such application shall be processed in the same manner as an original application for a tentative tract map. (Ord. 1352 § 1, 1980; prior code § 21-5.17)

12.36.290 Final tract map—Processing procedure.

The procedure for processing a final tract map shall be as set forth in Chapter 12.40. (Ord. 1352 § 1, 1980; prior code § 21-5.18)

12.36.300 Final tract map—Correction and amendment.

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9 A. After a final tract map is filed in the office of county recorder, it may be amended by a certificate of correction or an amending map:

1. To correct an error in any course or distance shown thereon; or

2. To show any course or distance that was omitted therefrom; or

3. To correct an error in the description of the real property shown on the map; or

4. To indicate monuments set after the death, disability or retirement from practice of the engineer or surveyor charged with responsibilities for setting monuments; or

5. To show the proper location or character of any monument which has been changed in location or character which originally was shown at the wrong location or incorrectly as to its character; or

6. To correct any other type of map error or omission as approved by the director of public works which does not affect any property right. Such errors and omissions may include, but are not limited to lot numbers, acreage, street names and identification of adjacent record maps.

As used in this section, “error” does not include changes in courses or distances from which an error is not ascertainable from the data shown on the final tract map.

B. The amending map or certificate of correction shall be prepared and signed by a civil engineer or land surveyor. An amending map shall conform to the requirements of Section 66434 of the Government Code. The amending map or certificate shall set forth in detail the corrections made and show the names of the present fee owners of the property affected by the correction or omission. The map shall be filed with the community development planning director.

C. The amending map or certificate of correction certified by the city engineer and the community development planning director shall be filed with the county recorder. (Ord. 1352 § 1, 1980; prior code § 21-5.19)
SECTION 23. Chapter 12.38 (Vesting Tentative Map) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.38 VESTING TENTATIVE MAP

12.38.010 When vesting tentative map may be filed—Processing.

A. A subdivider may file a vesting tentative parcel map for any subdivision for which a parcel map is required, or a vesting tentative tract map for any subdivision for which a tentative tract map is required.

B. A vesting tentative map shall be filed and processed in the same manner as a tentative parcel map or tentative tract map, as the case may be, except as otherwise provided in this chapter. The application materials for a vesting tentative map shall describe the manner in

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9 which the subdivision is proposed to be developed, including, but not limited to, the height, size, and location of all buildings and other improvements. (Ord. 1461 § 5, 1986)

12.38.020 Labeling of vesting tentative map.

At the time a vesting tentative map is filed it shall have conspicuously printed on its face the words “Vesting Tentative Map.” (Ord. 1461 § 5, 1986)

12.38.030 Effect of approval of vesting tentative map.

A. The approval or conditional approval of a vesting tentative map shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies and standards in effect at the date that the application is complete, except as provided in this section.

B. If the city has formally initiated proceedings by ordinance or resolution, in accord with the procedure used by it for publication of ordinances, to amend applicable general or specific plans, or zoning or subdivision ordinances before it has received the complete application, the city shall apply any ordinances, policies, or standards enacted or instituted as a result of those proceedings which are in effect on the date the city approves or disapproves the tentative map.

C. If the applicant requires changes in applicable ordinances, policies, or standards in connection with the same development project, any ordinances, policies, or standards adopted pursuant to the applicant’s request shall apply.

D. If Section 66474.2 of the Government Code is repealed, such approval shall confer a vested right to proceed with development in substantial compliance with the ordinances, policies, and standards in effect at the time the vesting tentative map is approved or conditionally approved. (Ord. 1461 § 5, 1986)

12.38.040 Denials of permits, approvals, etc.

Notwithstanding Section 12.38.030, the city council, board, commission, committee, or officer of the city having jurisdiction over a permit, approval, extension, or entitlement may condition or deny such permit, approval, extension, or entitlement if it determines any one of the following:

A. A failure to do so would place the residents of the subdivision or the immediate community, or both, in a condition dangerous to the health or safety, or both.

B. The condition or denial is required, in order to comply with state or federal law. (Ord. 1461 § 5, 1986)

12.38.050 Expiration of rights conferred by vesting tentative map.

The rights conferred by Section 12.38.030 shall expire if a final map is not approved prior to expiration of the vesting tentative map. If the final map is approved, the rights conferred by

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9 Section 12.38.030 shall be subject to the periods of time set forth in Section 12.38.080. (Ord. 1461 § 5, 1986)

12.38.060 Amendment to vesting tentative map.

Any time prior to the expiration of the vesting tentative map, the subdivider, or his or her assignee, may apply for an amendment to the vesting tentative map. (Ord. 1461 § 5, 1986)

12.38.070 Subdivisions whose intended development is inconsistent with the zoning ordinance.

A. Whenever a subdivider files a vesting tentative map for a subdivision whose intended development is inconsistent with the zoning ordinance in existence at that time, that inconsistency shall be noted on the map. Such a vesting tentative map may be denied, or be approved conditioned on the subdivider, or his or her designee, obtaining the necessary change in the zoning to eliminate the inconsistency.

B. If the change in the zoning ordinance is obtained, the approved or conditionally approved vesting tentative map shall, notwithstanding Section 12.38.030, confer a vested right to proceed with the development in substantial compliance with the change in the zoning ordinance and the map, as approved. (Ord. 1461 § 5, 1986)

12.38.090 Period of validity: rights conferred by vesting tentative map.

A. The rights conferred by a vesting tentative parcel map shall last for two years beyond the recording of the final map.

B. Where several final maps are recorded on various phases of a project covered by a single vesting tentative map, the initial time period shall begin for each phase when the final map for that phase is recorded.

C. The initial time period shall be automatically extended by any time used by the city for processing a complete application for a grading permit or for any architectural review permit, if the time used by the city to process the application exceeds thirty days from the date that a complete application is filed. Any time prior to the initial time period provided by this section, the subdivider may apply for a one-year extension.

D. If the subdivider submits a complete application for a building permit during the time specified in this section, the rights conferred by Section 12.38.030 shall continue until the expiration of the permit, or any extension of that permit granted by the city. (Ord. 1461 § 5, 1986)

12.38.100 Application limited to residential developments.

This chapter applies only to residential developments. (Ord. 1461 § 5, 1986)

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9 SECTION 24. Paragraph C of Section 12.40.020 (Form) of Chapter 12.40 (Final Maps) Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

C. Scale. The map shall be drawn according to an engineer’s scale, and the scale of the map shall be a minimum of one inch equals one hundred feet, unless the city engineer and the planning director permit some other scale.

SECTION 25. Paragraph D of Section 12.40.020 (Form) of Chapter 12.40 (Final Maps) Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

D. Street Numbering. If more than that one sheet is used to show the area being subdivided, then the particular number of the sheet and the total number of sheets comprising the map shall be stated on each of the sheets, and its relation to each adjoining sheet shall be clearly shown. When the final map consists of more than two sheets, a key map showing the relation of the sheets shall be included on sheet numbered one.

SECTION 26. Paragraph A of Section 12.40.030 (Multiple Maps) of Chapter 12.40 (Final Maps) Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

A. Multiple final maps relating to an approved or conditionally approved tentative map may be filed prior to the expiration of the tentative map if the subdivider shall have informed the community development planning director at the time the tentative map was filed of his or her intention to file multiple final maps on such tentative map.

SECTION 27. Paragraph A of Section 12.40.040 (Certificates) of Chapter 12.40 (Final Maps) Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

A. Consent of Persons with Property Interests. A certificate, signed and acknowledged by all parties having any record title interest in the real property being subdivided, consenting to the preparation and recordation of the final map is required, except as follows:

1. Neither a lien for state, county, municipal, or local taxes, nor for special assessments, nor a trust interest under bond indentures, nor mechanics’ liens constitute a record title interest for purposes of this article.

2. The signature of either the holder or beneficial interest under trust deeds of the trustee under such trust deeds, but not both, may be omitted. The signature of either shall constitute a full and complete subordination of the lien of the deed of trust to the map and any interest created by the map.

3. Signatures of parties owning the following types of interests may be omitted if their names and the nature of their respective interests are stated on the final map:
a. Rights-of-way, easements or other interest which cannot ripen into a fee, except those owned by a public utility, or subsidiary of a public utility for conveyance to such public utility for rights-of-way. If, however, the advisory agency determines that division and development of the property entity or public utility right-of-way or easement, the signature of such public entity or public utility may be omitted. Where such determination is made, the subdivider shall send, by certified mail, a sketch of the proposed final map, together with a copy of this section and

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9 Section 66436 of the Government Code, to any public entity or public utility which has previously acquired a right-of-way or easement.

If the public entity or utility objects to either (i) recording the final map without its signature; or (ii) the determination of the advisory agency that the division and development of the property will not unreasonably interfere with the full and complete exercise of its right-of-way or easement, it shall so notify the subdivider and the advisory agency within thirty days after receipt of the materials from the subdivider.

If the public entity or utility objects to recording the final map without its signature, the public entity or utility so objecting may affix its signature to the final map within thirty days of filing its objection with the advisory agency.

If the public entity or utility either (i) does not file an objection with the advisory agency; or (ii) fails to affix its signature within thirty days of filing its objection, to recording the map without its signature, the city may record the final map without such signature.

If the public entity or utility files an objection to the determination of the advisory agency that the division and development of the property will not unreasonably interfere with the exercise of its right-of-way or easement, the advisory agency shall set the matter for public hearing to be held not less than ten nor more than thirty days of receipt of the objection. At such hearing the public entity or public utility shall present evidence in support of its position that the division and development of the property will unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement.

If the advisory agency finds, following such hearing, that the development and division will in fact unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement, it shall set forth those conditions whereby such unreasonable interference will be eliminated and upon compliance with such conditions by the subdivider, the final map may be recorded with or without the signature of an objector. If the advisory agency finds that the development and division will in fact not unreasonably interfere with the free and complete exercise of the objector’s right-of-way or easement, the final map may be recorded without the signature of the objector, notwithstanding its objections thereto.

Failure of the public entity or utility to file an objection pursuant to this subsection shall in no way affect its rights under a right-of-way or easement.

As used herein, “advisory agency” shall mean the community development planning director, in the review of a parcel map, and the planning commission, in the review of a tract map. b. Rights-of-way, easements or reversion, which by reason of changed conditions, long disuse or larches appear to be no longer of practice use or value and signatures are impossible or impractical to obtain. A statement of the circumstances preventing the procurement of the signatures shall also be stated on the map.
c. Interests in or rights to minerals, including but not limited to oil, gas or other hydrocarbon substances.

4. Real property originally patented by the United States or by the state of California, which original patent reserved interest to either or both such entities, may be included in the

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9 final map without the consent of the Unites States or the state of California thereto, or to dedications made thereon.

SECTION 28. Paragraph D of Section 12.40.030 (Multiple Maps) of Chapter 12.40 (Final Maps) Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

D. Certificate of City Engineer. A certificate for the execution of the city engineer stating that:

1. The city engineer He or she has examined the map;

2. The subdivision as shown is substantially the same as it appeared on the approved tentative tract map or tentative parcel map, and any approved alteration thereof;

3. That all provisions of the Subdivision Map Act and of this chapter applicable at the time of approval of the tentative map have been complied with;

4. The city engineer He or she is satisfied that the map is technically correct.

SECTION 29. Section 12.40.070 (Filing) of Chapter 12.40 (Final Maps) Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.40.070 Filing.

Upon the filing of the final map, the subdivider shall pay the required fee and post the required deposit with the city and shall submit to the city engineer the following information and materials, unless a requirement is specifically waived by the city engineer:

A. Three complete sets of blue line or black and white prints of the final map of the subdivision for checking purposes;
B. A traverse sheet in a form approved by the director of public works giving latitudes, departures and coordinates, and showing the mathematical closure and area calculations; C. Complete field notes, in a form satisfactory to the director of public works, showing references, ties, locations, elevations and other necessary data relating to monuments and benchmarks set in accordance with the requirements of this chapter shall be submitted to the city engineer and retained by the city as a permanent record; D. A statement that all improvements have been completed in accordance with the plans and specifications as approved by the city engineer, or that the subdivider intends to install such improvements and will enter into agreements and post improvement security as required by this article;
E. If the plans, profiles, cross-sections, and specifications, estimates and design calculations, such as storm drain runoff, have not been previously submitted and approved by the city engineer, the subdivider shall submit three complete sets thereof, including one copy of the specifications, estimates and design calculations;

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9 F. Three copies of conditions, covenants and restrictions, if any; G. Letters from all public utilities indicating the adequacy and location of the public utility easements;
H. A statement as to how each condition imposed on the tentative map has been or will be met prior to final map approval;
I. The community development director may waive any of the above final map requirements if the requirements are inapplicable or if other circumstances justify a waiver. The city engineer community development director may require other drawings, data, or information deemed necessary by the department to accomplish the purposes of the Subdivision Map Act or this title. (Ord. 1728 § 9, 2007: Ord. 1352 § 1, 1980; prior code § 21-6.7) SECTION 30. Paragraph C of Section 12.40.090 (City Council Review) of Chapter

12.40 (Final Maps) Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

C. The city council shall not approve the final map unless it finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the approved tentative tract map. general plan of the city or any applicable specific plan. The city council shall deny approval of the final tract map if it makes any of the findings set forth in Section 12.36.230. Any such disapproval shall be accompanied by a finding identifying the requirements or conditions which have not been met or performed.

SECTION 31. Paragraph B of Section 12.40.100 (Documents Transmitted to City Clerk) of Chapter 12.40 (Final Maps) Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

B. Improvement Agreement. In the event that the improvements required under this article have not been installed to the satisfaction of the city engineer at the time of the filing of the final map, the subdivider shall execute and file with the city clerk an agreement between the subdivider himself or herself and the city providing that within a specific period to be determined by the city engineer the subdivider he or she shall construct to completion all improvements and work in accordance with plans on file with and to the satisfaction of the city engineer. Such agreement shall require the subdivider to be responsible for control of erosion on the site of the subdivision and to prevent its entry into the storm drainage system. The subdivider shall submit to the city engineer a plan for such erosion control prior to the consideration of the final map.

The improvement agreement shall also prescribe that the subdivider shall repair any damage to a public road, street and any other public or private property or improvement which results from or is incidental to the construction of improvements in the subdivision, or that, in lieu of making such repairs, the subdivider shall pay to the owner or to the city the full cost thereof. The subdivider shall file with the city clerk, at the same time, a performance bond or other improvement security as required pursuant to Chapter 12.48.

SECTION 32. Section 12.44.120 of Chapter 12.44 (Improvement Standards) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.44.120 Landscaping of common green areas.

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9 A. Planting shall conform with the landscaping master plan and as approved by the director of community services parks superintendent of the city.

B. Irrigation systems shall be provided for all landscaped areas, including medians, common greens, open areas and parks. Such systems shall contain conduit, meters and boxes, bubblers, sprinklers, hose bibs and other appurtenances as required by the director of community servicesparks superintendent. (Ord. 1352 § 1, 1980; prior code § 21-7.12) SECTION 33. Section 12.44.130 (Other Improvements) of Chapter 12.44 (Improvement Standards) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.44.130 Other improvements.

Design and improvement of cable television facilities and street lighting systems shall be as approved by the city engineer. Fire hydrants and fire alarm systems shall be as approved by the fire marshalchief. (Ord. 1352 § 1, 1980; prior code § 21-7.13) SECTION 34. Section 12.44.150 (Street Lighting Standards) of Chapter 12.44 (Improvement Standards) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.44.150 Street lighting standards.

A. Spacing of Poles.

1. In General. Poles shall be spaced at intervals not exceeding one hundred fifty feet between poles when the poles are installed on the same side of the street or within medial island.

2. Staggered Configuration. Poles shall be spaced at intervals not exceeding three hundred feet between poles on one side of the street, and not exceeding one hundred fifty feet between alternate poles on the opposite side of the street when staggered configuration is used.

3. Exceptions. If the city engineer finds that unique circumstances are present, the city engineer he or she may require a different spacing between poles than would otherwise be applicable pursuant to paragraphs 1 or 2 hereof.

B. Distance from Pole to Curb. Poles shall be located so that the centerline of each pole is not more than two feet from the face of the curb.

C. Fixture-mounting Height.

1. Maximum, thirty feet;

2. Minimum, sixteen feet.

D. Lamp Sizes.

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9 1. General. 70-watt high-pressure sodium vapor.

2. Exceptions.
a. Major streets: 70, 100, 150, or 200-watt high-pressure sodium vapor, as determined by the city engineer.
b. Street intersections: 70-watt high-pressure sodium vapor, or as determined by the city engineer.
c. Areas susceptible to fog: 100, 150 or 200-watt high-pressure sodium vapor, as determined by the city engineer.
d. Exceptional or unusual situations: Where the city engineer finds that exceptional or unusual situations are present, including, but not limited to, the necessity to provide more intensive lighting to promote safe ingress and egress, the city engineer may require 100, 200, or 250-watt high-pressure sodium vapor, as the city engineer he or she may determine. e. Cost-benefit analysis: The city engineer shall only approve or require an exception to the general lamp size requirement after the city engineer he or she shall have made make a cost-benefit analysis of such exception. (Ord. 1363 § 1, 1981; prior code § 21-7.15) SECTION 35. Section 12.48.030 (Release or Subordination of Lien or Security Interest) of Chapter 12.48 (Improvement Security) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.48.030 Release or subordination of lien or security interest.

The city engineer shall have the authority to release all or any portion of the property subject to any lien or security interest created pursuant to this chapter, or to subordinate such lien or security interest to other liens or encumbrances if the city engineer he or she determines that security for performance is sufficiently secured by a lien on other property or that the release of subordination of the lien will not jeopardize the completion of agreed upon improvements. (Ord. 1352 § 1, 1980; prior code § 21-8.3)
SECTION 36. Section 12.48.040 (Faithful Performance Bond – Form) of Chapter

12.48 (Improvement Security) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.48.040 Faithful performance bond—Form.

A bond or bonds by one or more duly authorized corporate sureties to secure the faithful performance of any agreement shall be in substantially in the form set forth in Government Code Section 66499.1, as it may be amended from time to time. the following form:

WHEREAS, the City Council of the City of San Bruno, State of California, and _________________, hereinafter designated as “principal,” have entered into an agreement whereby principal agrees to install and complete certain designated public improvements,

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9 which said agreement, dated __, 20___, and identified as project ______, is hereby referred to and made a part hereof; and
WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we, the principal and ____________, as surety, are held firmly bound unto the City of San Bruno, hereinafter called “City,” in the penal sum of _____, DOLLARS ($_______), lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that if the above bound principal, his or her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or her or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of San Bruno, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by city in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms and agreement or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specification.

IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named on __________, 20___.

Appropriate modifications shall me made in such form if the bond is being furnished for the performance of an act not provided for by the agreement. (Ord. 1352 § 1, 1980; prior code § 21-

8.4)
SECTION 37. Section 12.48.050 (Labor and Materials Bond – Form) of Chapter

12.48 (Improvement Security) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.48.050 Labor and materials bond—Form.

A bond or bonds by one or more duly authorized corporate sureties for the security of laborers and materialmen shall be in substantially in the form set forth in Government Code Section 66499.2, as it may be amended from time to time. the following form:

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9 WHEREAS, the City Council of the City of San Bruno, State of California, and ______________, hereinafter designated as “principal,” have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated ____, 20___, and identified as project _____________, is hereby referred to and made a part hereof; and
WHEREAS, under the terms of said agreement principal is required before entering upon the performance of the work, to file a good and sufficient bond with the City of San Bruno to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of part 4 of Division 3 of the Civil Code of the State of California.

NOW, THEREFORE, said principal and the undersigned as corporate surety, are held firmly bound unto the city of San Bruno and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the aforesaid Code of Civil Procedure in the sum of _________________, DOLLARS ($_______), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by city in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.

It is hereby expressly stipulated that this bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.

Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall remain in full force and effect.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration or addition.

IN WITNESS WHEREOF, this instrument has been duly executed by the principal and surety above named, on _____, 20___.
(Ord. 1352 § 1, 1980; prior code § 21-8.5)
SECTION 38. Chapter 12.52 (Lot Line Adjustments) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.52 LOT LINE ADJUSTMENTS

12.52.010 Filing application.

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9 An owner of real property may apply for a lot line adjustment by filing an application therefor with the community development planning director and upon payment of the required application fee. (Ord. 1352 § 1, 1980; prior code § 21-9.1)

12.52.020 Submittal requirements.

A. The applicant shall file with the community development planning director all required materials for a lot line adjustment based on the application requirements published by the community development department. a duplicate tracing and such number of copies of the plat as required with the application. The plat shall be eighteen inches by twenty-six inches in size, shall indicate the exterior boundaries, the existing lot lines, and the proposed adjustment of such lines at a scale of not more than one inch equals one hundred feet. The plat shall accurately locate the exterior boundaries, the existing lot lines, and the proposed adjustment, all existing rights-of-way, easements and existing structures. The property lines indicated shall be obtained from existing recorded maps. In such instances the property owner may be required to have such buildings and adjoining lot lines accurately located to determine the effect a lot line adjustment would have on the existing development.

B. The plat shall indicate all dimensions and courses of property lines, the assessor’s parcel numbers, the zoning of the property, the area of each existing parcel, and the resultant area of the revised lots. The plat shall contain a certification by the parties holding title pursuant to subsection A of Section 12.40.040, and the name of the person preparing the plat. (Ord. 1418 § 27, 1983; Ord. 1352 § 1, 1980; prior code § 21-9.2)

12.52.030 Distribution of plats.

Within three days of receipt of a request for a lot line adjustment, the The community development planning director shall refer the application to those departments and local agencies which may have an effect on the proposal. The director shall provide a minimum of five days for a response before taking any action on the application. (Ord. 1352 § 1, 1980; prior code § 21-9.3)

12.52.040 Actions by the community development planning director.

The community development planning director may approve the application for a lot line adjustment between four or fewer existing adjoining parcels, where the land taken from one parcel is added to an adjoining parcel, and where a greater number of parcels than originally existed is not thereby created if the director he or she finds that the parcels resulting from the lot line adjustment will conform to the local general plan, any applicable specific plan, and zoning and building ordinances. following:

A. The lot line adjustment does not violate existing codes and policies; and B. The lot line adjustment will not create difficult or unreasonable access to the parcels; and
C. The lot line adjustment would not require variances to permit standard development; and

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9 D. Utilities and public services can be provided to the revised parcels; and E. No street dedication or improvements are required.

The community development planning director may amend such plats as a condition of approval. (Ord. 1352 § 1, 1980; prior code § 21-9.4)

12.52.045 Conditions of approval.

The community development director may impose only those conditions of approval or exactions on its approval of a lot line adjustment:

A. As may be necessary to conform to the local general plan, applicable specific plan, and zoning and building ordinances;
B. To require the prepayment of real property taxes prior to the approval of the lot line adjustment; or
C. To facilitate the relocation of existing utilities, infrastructure, or easements.

12.52.050 Notification.

Approval or disapproval of a lot line adjustment application by the community development planning director shall appear on the plat. A copy thereof shall be transmitted to the applicant. A permanent copy of each lot line adjustment application and plat shall be maintained in the community development planning department, with a copy of each approved plat provided to the city engineer and the building inspector. (Ord. 1352 § 1, 1980; prior code § 21-9.5)

12.52.060 Recordation.

Subsequent to the approval of the lot line adjustment by the community development planning director, the lot line adjustment shall be reflected in a deed, which shall be recorded. the city clerk or his or her designated representative shall transmit the plat to the county recorder for recordation. (Ord. 1352 § 1, 1980; prior code § 21-9.6) SECTION 39. Chapter 12.56 (Modifications) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.56 MODIFICATIONS

12.56.010 Modification of provisions.

Whenever real property located in any subdivision is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible, impractical or undesirable in a particular case for the subdivider to fully conform to the regulations set forth in this article, the community

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9 development director may permit such modification to a parcel map and the planning commission may permit such modification to a tract map thereof as may be reasonably necessary if such modifications conform with the spirit and purpose of this article. (Ord. 1352 § 1, 1980; prior code § 21-10.1)

12.56.020 Application for modification.

Whenever the subdivider desires to modify any of the provisions of this article pursuant to the provisions of this chapter, the subdivider he or she shall file an application with the community development director which includes the following information:

A. The application form provided by the city;
B. A detailed description of the modification;
C. A site plan to scale indicating the effect of the modification, 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;
D. An explanation of the justification for the modification; E. 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;
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 § 10, 2007: Ord. 1352 § 1, 1980; prior code § 21-10.2)

12.56.030 Referral of proposed modification to proper department.

Each proposed modification shall be reviewed by the departments having jurisdiction over the regulations involved and each such department shall transmit to the planning commission its written recommendation, which shall be reviewed prior to the granting of any modification. (Ord. 1352 § 1, 1980; prior code § 21-10.3)

12.56.040 Modification by the community development director and planning commission.

The community development director may approve a modification form the provisions of this article for a parcel map, and the planning commission may approve modification from the provisions of this article for a tract map, if the director or commission it finds such modification to be warranted. (Ord. 1352 § 1, 1980; prior code § 21-10.4)

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9 12.56.050 Time of filing of application.

An application for modification pursuant to this article shall be filed after completion of the review period established for the various city departments, public utilities, and other public agencies pursuant to Sections 12.32.110 and 12.36.120. Such application shall be filed prior to the filing of the tentative tract map or tentative parcel map pursuant to this article. (Ord. 1352 § 1, 1980; prior code § 21-10.5)

12.56.060 Report of modification to council or city engineer.

In the event that any modification is approved, a written statement of such modification shall be transmitted to the city council, at the time of approval of a final tract map, or to the city engineer, in the case of the approval of a final parcel map. (Ord. 1352 § 1, 1980; prior code § 21-10.6)

12.56.070 Duration of validity of actions.

The action of the community development director in granting a modification for a tentative parcel map shall be for the life of the tentative map parcel approval, and the action of the planning commission in granting a modification for a tentative tract map shall be for the life of the tentative tract map or tentative parcel map approval. If a final tract map or final parcel map is filed within such period of time, it may contain such modifications from the provisions of this article as have been permitted pursuant to this chapter. Except as herein modified, all subdivision maps shall comply with all of the provisions of this article. (Ord. 1352 § 1, 1980; prior code § 21-10.7)
SECTION 40. Section 12.60.030 (Form of Petition) of Chapter 12.60 (Reversions to Acreage) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.60.030 Form of petition.

The petition shall be in a form prescribed by the community development planning department and shall contain the following:

A. Adequate evidence of title to the real property within the subdivision; B. Sufficient data to enable the city council to make all of the determinations and findings required by this chapter;
C. A final map which delineates dedications which will not be vacated and dedications which are a condition to reversion;
D. Such other pertinent information as may be required by the community development planning department. (Ord. 1352 § 1, 1980; prior code § 21-11.3)

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9 SECTION 41. Paragraph C of Section 12.60.100 (Use of Parcel Map for Reversions to Acreage) of Chapter 12.60 (Reversions to Acreage) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

C. After approval of the reversion by the community development planning director, the map shall be delivered to the county recorder.

SECTION 42. Chapter 12.64 (Appeals) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.64 APPEALS

12.64.010 Generally.

All actions with by the community development director are appealable to the planning commission pursuant to this chapter. All actions by the planning commission are regard to tentative parcel maps, tentative tract maps, vesting tentative maps, lot line adjustments, modifications, determinations by the planning commission pursuant to Section 12.28.030(C)(5) that parcels are to be merged, and determinations by the planning director pursuant to Section 12.28.040 G that parcels are to be merged are appealable to the city council pursuant to this chapter. (Ord. 1461 § 6, 1986: Ord. 1352 § 1, 1980; prior code § 21-12.1)

12.64.020 Who may appeal.

A. A subdivider or any interested party affected by a decision of the community development planning director or planning commission in connection with a tentative parcel map, tentative tract map, vesting tentative map, lot line adjustment, or modification may file a written notice of appeal with the city clerk.

B. A property owner who owns parcels of land which have been determined to be merged pursuant to Section 12.28.030(C)(5) or 12.28.040 G may file a written notice of appeal with the city clerk. Such property owner shall be deemed to be a subdivider for purposes of Section 12.64.050 A. (Ord. 1461 § 6, 1986: Ord. 1352 § 1, 1980; prior code § 21-12.2)

12.64.030 Contents of notice of appeal.

The notice shall identify the specific action or actions from which appeal is taken, the date of such action, the person or body taking the action, and the grounds for the appeal. (Ord. 1352 § 1, 1980; prior code § 21-12.3)

12.64.040 Time limit for filing notice of appeal.

A. Except as provided in subsection B, the notice of appeal shall be filed not later than ten days from the date of the action from which the appeal is taken.

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9 B. In the case of the denial of an extension of a vested tentative map, the notice of appeal shall be filed not later than fifteen days from the date of such denial. (Ord. 1461 § 7, 1986: Ord. 1352 § 1, 1980; prior code § 21-12.4)

12.64.042 Hearings by planning commission.

A. In the case of an appeal of a decision by the community development director, the community development director shall set the matter for hearing within thirty days from the filing of the appeal.

B. The community development director shall give notice of the public hearing on appeals regarding tentative parcel maps in the manner prescribed by subsections B and C of Section 12.32.160.

C. Where the appeal is filed by an interested person, the community development director shall notify the subdivider of the date, time, and location of the appeal hearing within ten days from the filing of the appeal.

12.64.044 Action by planning commission.

A. The planning commission shall hold a public hearing to consider the appeal.

B. The planning commission may sustain, modify, reject, or overrule the action of the community development director, based on the findings prescribed in Sections 12.32.190 or 12.32.200.

C. The action of the planning commission may be appealed to the city council.

12.64.050 Hearings by city council.

A. In the case of an appeal of a decision by the planning commission by a subdivider, the city clerk shall set the matter for hearing within thirty days from the filing of the notice of appeal. after the date of a request therefor filed by the subdivider or the appellant. In the case of an appeal by an interested person other than a subdivider, the city clerk shall set the matter for hearing within thirty days from the filing of the notice of appeal.

B. Hearings on appeals from actions with regard to tentative parcel maps and tentative tract maps shall be public hearings.

BC. The city clerk shall give notice of the public hearings on appeals regarding tentative parcel tract maps in the manner prescribed by subsections B and C of Section 12.32.160.

CD. The city clerk shall give notice of public hearings on appeals of actions regarding tentative tract maps in the manner prescribed by subsections B and C of Section 12.36.180.

DE. Where the appeal is filed taken by an interested person, not less than ten days prior to the date of the hearing on the appeal, the city clerk shall notify the subdivider of the date,

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9 time, and location of the appeal hearing within ten days from the filing of the appeal. in writing postage prepaid, addressed to the most recent address of the subdivider indicated on his or her application. (Ord. 1418 § 28, 1983; prior code § 21-12.5)

12.64.060 Action by city council.

A. The city council shall hold a public hearing to consider the appeal. render its decision on the appeal within ten days of the date of the hearing.

B. The city council may sustain, modify, reject, or overrule the action of the planning director or planning commission.

C. In the case of an appeal of an action on a tentative parcel map, the city council shall make the findings prescribed in Sections 12.32.190 or 12.32.200.

D. In the case of an appeal of an action on a tentative tract map, the city council shall make the findings prescribed in Sections 12.36.220 or 12.36.230. (Ord. 1418 § 28, 1983; prior code § 21-12.6)
SECTION 43. Section 12.68.010 (Responsibility for Enforcement) of Chapter 12.68 (Administration and Enforcement) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.68.010 Responsibility for enforcement.

Except where herein otherwise provided, the community development planning director and the city attorney shall enforce the provisions of this article. (Ord. 1352 § 1, 1980; prior code § 21-13.1)
SECTION 44. Section 12.68.060 (Restrictions on Issuance of Permits for Development) of Chapter 12.68 (Administration and Enforcement) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.68.060 Restrictions on issuance of permits for development.

A. No officer or employee of the city shall issue any permit or grant any approval on behalf of the city necessary to develop any real property which has been divided, or which has resulted from a division, in violation of the provisions of this article if the community development planning director finds that the development of such real property is contrary to the public health or the public safety. The authority to deny such a permit or such approval shall apply whether the applicant therefor was either the owner of record at the time of such violation, or whether such applicant is either the current owner of record or a lendee of the current owner of record pursuant to a contract of sale of the real property with, or without actual or constructive knowledge of the violation at the time of the acquisition of his or her interest in such real property.

B. If an officer or employee of the city issues a permit or grants approval for the development of any such real property, the community development planning director may

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9 impose only those conditions that would have been applicable to the division of the property at the time the applicant acquired his or her interest in such real property, and which has been established at such time by the Subdivision Map Act or this chapter, except as follows:

1. Where the applicant was the owner of record at the time of the initial violation of the provisions of this chapter who, by grant of the real property created a parcel or parcels in violation thereof, and such person is the current owner of record of one or more of the parcels which were created as a result of the grant in violation thereof, then the community development planning director may impose such conditions as would be applicable to a current division of the property; and

2. If a conditional certificate of compliance has been filed for record under the provisions of subsection B of Section 12.68.070, only such conditions stipulated in that certificate shall be applicable. (Ord. 1418 § 31, 1983; Ord. 1352 § 1, 1980; prior code § 21-13.6) SECTION 45. Section 12.68.070 (Certificate of Compliance) of Chapter 12.68 (Administration and Enforcement) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.68.070 Certificate of compliance.

A. Any person owning real property or a vendee of such person pursuant to a contract of sale of such real property may request, and the community development planning director shall determine, whether such real property complies with the provisions of this article. Upon making such a determination, the community development planning director shall cause a certificate of compliance to be filed for record with the county recorder. The certificate of compliance shall identify the real property and shall state the division thereof complies with applicable provisions of this article.

B. If the community development planning director determines that such real property does not comply with the provisions of this article, the director he or she shall issue a certificate of compliance or a conditional certificate of compliance. The director He or she may, as a condition to granting a certificate of compliance, impose such conditions as would have been applicable to the division of the property at the time the applicant acquired his or her interest therein, and which had been established at such time by this chapter, except as provided in the following sentence. Where the applicant was the owner of record at the time of the initial violation of this article and such person is the current owner of record of one or more of the parcels which were created as the result of the grant in violation of this article, then the community development planning director may impose such conditions as would be applicable to a current division of the property. Upon making such a determination and establishing such conditions, the community development planning director shall cause a conditional certificate of compliance to be filed for record with the county recorder. Such certificate shall serve as a notice to the property owner or vendee who has applied for the certificate pursuant to this section, a grantee of the property owner, or any subsequent transferee or assignee of the property that the fulfillment and implementation of such conditions shall be required prior to subsequent issuance of a permit or other grant of approval for development of the property.

C. Compliance with such conditions shall not be required until such time as a permit or other grant of approval for development of such property is issued.

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9 D. A certificate of compliance shall be issued for any real property which has been approved for development pursuant to Section 12.68.060.

E. A recorded final map or parcel map shall constitute a certificate of compliance with respect to the parcels of real property described therein. (Ord. 1352 § 1, 1980; prior code § 21-

13.7)
SECTION 46. Section 12.68.080 (Notice of Violation) of Chapter 12.68 (Administration and Enforcement) of Article II (Subdivisions) of Title 12 (Land Use) is amended to read as follows:

12.68.080 Notice of violation.

A. Whenever the community development planning director has knowledge that real property has been divided in violation of this article, the director he or she shall cause to be filed for record with the county recorder a notice of intention to record a notice of violation, describing the real property in detail, naming the owners thereof, describing the violation and stating that an opportunity will be given to the owner to present evidence.

B. Upon recording a notice of intention to record a notice of violation, the community development planning director shall mail a copy of such notice to the owner of such real property. The notice shall specify a time, date and place at which the owner may present evidence to the planning commission why such notice should not be recorded.

C. If, after the owner has presented evidence, it is determined that there has been no violation, the community development planning director shall record a release of the notice of intention to record a notice of violation with the county recorder.

D. If after the owner has presented evidence the planning commission determines that the property has in fact been illegally divided, or if within sixty days of receipt of such copy the owner of such real property fails to inform the community development planning director of his or her objection to recording the notice of violation, the community development planning director shall record the notice of violation with the county recorder.

E. The notice of intention to record a notice of violation and the notice of violation, when recorded, shall be deemed to be constructive notice of the violation to all successors in interest in such property. (Ord. 1352 § 1, 1980; prior code § 21-13.8) SECTION 47. Section 12.76.040 (Consistency with General or Specific Plans and CEQA) of Chapter 12.76 (Title, Purpose, Etc.) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.76.040 Consistency with general or specific plans and CEQA.

Approval of all applications pursuant to this article shall be based on a finding that said approval is consistent with the General Plan and any applicable specific plan adopted by the city council. In those instances where general or specific plan policies are more restrictive than the zoning regulations, said applicable policies shall have precedence in regulating the application.

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9 Applications for rezoning, architectural review or use permit shall be denied if found to be inconsistent with the General Plan or applicable specific plan.

Prior to taking action on any application the approving authority, i.e., community development director, architectural review committee, planning commission, or city council, shall review the environmental status of the project for which application is being made. Unless the project is categorically exempt, the approving authority shall certify that the negative declaration or environmental impact report is complete and adequate. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-2.4)
SECTION 48. Section 12.76.080 (Interpretation by Planning Commission) of Chapter 12.76 (Title, Purpose, Etc.) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.76.080 Interpretation by planning commission.

The community development director shall have the authority to interpret the San Bruno Zoning Ordinance, including, but not limited to, determining whether an unlisted use is similar in nature to listed use. The director shall establish a process by which an interpretation may be requested, with a fee as established by city council. Interpretations shall be made in writing, and may be appealed to the planning commission pursuant to this chapter. The following criteria shall be considered in interpretations: In determining whether or not the use of land or any structure in any district is similar in nature, function or operation to the particular uses allowed in a district, the commission shall consider the following criteria:

A. Effect upon public health, safety and general welfare of the neighborhood involved and the city at large;
B. Effect upon traffic and parking conditions;
BC. Effect upon the orderly development of the area in question and the city at large; and CD. Consistency with the General Plan, or applicable specific plan, other regulations within the San Bruno zoning ordinance, and applicable State or case law. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-2.8)
SECTION 49. Section 12.76.120 (Notice to County Assessor and Owner) of Chapter

12.76 (Title, Purpose, Etc.) of Article III (Zoning) of Title 12 (Land Use) is deleted in its entirety.

SECTION 50. Chapter 12.78 (Zoning Administration) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.78 ZONING ADMINISTRATION

12.78.010 Planning application completion and close out due to inactivity.

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9 A. A planning application is determined to be complete when all documents, reports, data, maps, fees, and other information prescribed in this Title 12 are submitted and are determined to be adequate to allow the approval body to determine if the required findings can be made.

B. The community and economic development director or designee may require a new planning application for a project initially determined to be complete if one or more of the following occurs:

1. The project is significantly revised;

2. New information or material germane to the project is brought to light, or becomes available, or is required to assess a change, or revision in the proposed project and the information affects the ability of the approval body to make the required findings;

3. City regulations, policies, or standards are adopted which require substantial revisions in the project.

If the community and economic development director finds that a new planning application is required, and no public hearing has been held on the project, then the application shall be considered withdrawn without prejudice. If a public hearing has been held, the approval body may accept the withdrawal with or without prejudice.

C. The community and economic development director shall close out an application, if the information or materials requested in writing by the city to complete the planning application, and the said information or materials have not been submitted to the director within one hundred twenty calendar days. No extensions may be requested under any circumstances. Applications which are closed out are considered to be actions without prejudice, thereby enabling a re- application for a project of the same, or similar nature by any applicant. The re-application shall be subject to all current city fees and codes in effect at the time of re-application. (Ord. 1898 § 3, 2021)

12.78.020 Decision final.

A. Approvals or Denials. Decisions on all applications on which the community development director, architectural review committee, or the planning commission may take final action shall become effective ten calendar days after the decision is made unless an appeal is filed as set forth in this chapter. Decisions of the city council, unless otherwise stated, are effective and shall be final on the date city council action is taken. Changes in zoning district classifications and projects requiring changes in zoning district classifications or ordinance amendments shall, however, become effective on the effective date of the rezoning or other ordinance, or on the date of another event if prescribed in the rezoning or other ordinance.

B. Reapplications. New applications on the same project site for a similar project scope, as determined by the community and economic development director, shall not be accepted for review, if previously denied with prejudice, for a period of one year from the date of the final action. However, the one-year limitation shall not apply if the final decision-making body: (1) waives the limitation after an applicant’s written request; or (2) states at the time of decision that the denial is without prejudice.

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9 C. Covenants and Conditions. Unless otherwise provided, the decisions of the approval bodies shall run with the land. Conditions imposed by the approval bodies on a project are binding upon successors to the applicant. (Ord. 1898 § 3, 2021)

12.78.030 Modifications.

An applicant may submit a planning application for a modification of a previously approved planning application, prior to the issuance of building permits, or a certificate of occupancy for the project, or after project completion. The community development director shall determine whether a proposed modification is minor or major.

A. Minor Modifications. The community and economic development director may approve minor modifications to approved planning applications that are consistent with the original findings and conditions approved by the hearing body and do not substantially alter character- defining design features or operational aspects of a project.

B. Major Modifications. The community and economic development director may refer major modifications to approved planning applications to the planning commission. Major modifications include changes to character-defining design features, a change in an approved site plan or building plan that would affect a condition of approval, a change that would make a project inconsistent with required findings for the discretionary approval, or a request for changes in conditions of approval.

Major modifications shall be reviewed by the decision-making body authorized to act on the application type being modified. The decision-making body may include reasonable conditions of approval deemed necessary to make the findings of approval. The decision- making body has the discretion to extend the expiration date of the original application based on the date the major modification is approved.

C. If additional planning applications are requested in conjunction with a request for a modification, the modification shall be reviewed by the decision-making body possessing the authority for final action for the planning applications.

D. Appeals shall be as set forth in this chapter. A modification shall not extend the approval expiration date beyond that of the original application. (Ord. 1898 § 3, 2021)

12.78.040 Planning approval expiration.

Final approval of a planning application shall expire two years from the date of approval, with the following exceptions:

A. A complete and adequate application for the vertical building permit shall be submitted, accepted, and issued before the expiration date. Building permits issued shall be completed consistent with the adopted Building Code and Chapter 11.34.

B. Projects with associated subdivision maps that remain in effect or have been extended by mandate of the State Subdivision Map Act or otherwise provided in this title. Those planning approvals remain effective for the term of the subdivision map approval, if required by state law.

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9 C. Projects for which an extension has been obtained in accordance with Section 12.78.050.

D. Phased development projects shall be subject to timing specified in the project’s conditions of approval and/or development agreement. (Ord. 1898 § 3, 2021)

12.78.050 Planning approval extension.

The following extensions to planning approvals are available:

A. Extensions Required by State or Federal Law. Where state or federal law requires that extension of a planning approval be considered and acted upon by the city, the community and economic development director shall approve an extension if they find that the project complies with the applicable provisions of state or federal law.

B. Extensions for subdivision applications shall be processed pursuant to Article II of Title

12. C. The community and economic development director may approve the first application for a two-year extension of a planning approval, as a minor modification to a planning approval.

The planning commission may approve a A second two-year extension of a planning approval shall be considered as a major modification and shall be reviewed by the decision-making body authorized to act on the planning permit being extended. to a planning approval.

1. Application Required. A planning application is required to be submitted for the extension to be reviewed and acted upon.

2. Findings Required. In order to approve a time extension, the decision-making body community and economic development director must find all of the following:
a. The approved project is still consistent with the city’s General Plan; and b. The approved project is still consistent with the city’s Zoning Ordinance; and c. The project site and its environs are in substantially the same condition as when the project was initially approved.

3. Additional Conditions. The decision-making body can add or modify other conditions of approval as part of an extension. (Ord. 1898 § 3, 2021)

12.78.060 Appeals.

An appeal may be made by the applicant or any interested person. resident.

A. Method. All appeals must be filed prior to the effective date of a decision, in writing, and be accompanied by payment of the filing fee, as designated by the Master Fee Schedule. The effective date of all decisions of the community and economic development director, architectural review committee, and planning commission shall be ten calendar days after the

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9 decision is made, as set forth by this chapter. Section 12.78.020(A). The appeal shall clearly state the facts of the case and the grounds for the appeal. If an appeal is timely filed, the appealed action shall not become effective, nor shall any building permit or other permit reliant on the appealed action be issued, until a final decision on the appeal is rendered by the city.

1. Appeals of Director Decisions. Decisions of the director may be appealed to the planning commission by filing a written appeal with the planning division.

2. Appeals of Architectural Review Committee Decisions. Decisions of the architectural review committee may be appealed to the planning commission by filing a written appeal with the planning division.

23. Appeals of Planning Commission Decisions. Decisions of the planning commission may be appealed to the city council by filing a written appeal with the city clerk. A planning commission action on an appeal of a director’s decision may be appealed to the city council.

B. Public Hearing. When an appeal is properly filed, the application shall be set for hearing on an open agenda of the approval body to whom the appeal is authorized as set forth in Chapter 12.132. All documents, plans, and papers constituting the record of the action from which an appeal is taken shall be forwarded to the approval body hearing the appeal and shall be considered part of the record of the new hearing.

C. Planning Commission and City Council Review. Decisions by the community and economic development director shall be reviewed by the planning commission if a member of either the planning commission or the city council files a written request with the planning commission through the office of the community and economic development director. Decisions of the planning commission shall be reviewed by the city council if a city council member files a written request with the city clerk. No fees are required when a planning commissioner or city council member requests review of an application. (Ord. 1898 § 3, 2021)

12.78.070 Withdrawal of application.

An applicant may withdraw an application at any time by filing a written notice of withdrawal with the appropriate approval body. If an application is withdrawn prior to any director-level decision or public hearing on the project, the withdrawal is without prejudice, and the application may be resubmitted at any time. If an application is withdrawn after any director-level decision or public hearing on the project, the applicant and all other persons are prohibited for a period of one year from the date of withdrawal from filing a new application for the same, or substantially the same project. A previously withdrawn application may be resubmitted prior to one year after the director-level decision or public hearing if: (a) the final approval body specifies that such withdrawal is without prejudice; or (b) the withdrawal is made pursuant to Section 12.78.010(B) prior to any public hearing on the project. (Ord. 1898 § 3, 2021)

12.78.080 Revocation and reconsideration.

Any permit granted pursuant to the provisions of this article may be revoked or reconsidered if any of the conditions or terms of such approval are violated, or if any law is violated in connection therewith, or if the implementation of the permit results in significant impacts to

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9 public health, safety or general welfare, as determined by the community development director, in writing.

The decision-making body possessing the authority for final action for the planning application planning commission shall hold a public hearing on the proposed revocation after giving written notice to the permittee and to the owners of adjoining property as set forth in Chapter 12.132. Written notice shall be given to the permittee, and public notice shall be provided in the same manner as for a new application for the type of permit being reconsidered or revoked. The decision-making body may take no action on the permit, modify conditions of approval, or revoke the permit. Appeals of these actions shall be as set forth in this chapter. (Ord. 1898 § 3, 2021)

12.78.090 Effectiveness conditioned upon agreement to conditions.

No permit or authorization as to which conditions of approval have been imposed shall become effective unless and until the applicant shall have submitted to the planning community development department a document executed by the applicant, whereby the applicant acknowledges acceptance of such conditions. (Ord. 1898 § 3, 2021)

12.78.100 Multiple planning application requests.

When a planning application is comprised of multiple entitlements, including one or more which could be final with one approval body and one or more which could be final only with another approval body, the approval body with the superior level of authority shall consider and act upon the entire planning application. The city council is the highest level of authority, followed by the planning commission, and the community development director is the lowest level of authority. If any portion or all of a multiple development approval request is appealed, the entire planning application shall be considered upon appeal. (Ord. 1898 § 3, 2021)

12.78.110 Referral of administrative actions.

The community development director may refer any application pursuant to the San Bruno zoning ordinance that the director has the authority to act on to the planning commission for final action.

SECTION 51. Section 12.80.065 of Chapter 12.80 (Definitions) of Article III (Zoning) of Title 12 (Land Use) is deleted in its entirety.

SECTION 52. Section 12.80.127 of Chapter 12.80 (Definitions) of Article III (Zoning) of Title 12 (Land Use) is added to read as follows:

12.80.127 Chief financial officer.
“Chief financial officer” means the chief financial officer of the City of San Bruno.

SECTION 53. Section 12.80.146 of Chapter 12.80 (Definitions) of Article III (Zoning) of Title 12 (Land Use) is added to read as follows:

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9 12.80.146 Community development director; Director.
“Community development director” or “director” means the community development director of the city of San Bruno.

SECTION 54. Section 12.80.180 of Chapter 12.80 (Definitions) of Article III (Zoning) of Title 12 (Land Use) is deleted in its entirety.

SECTION 55. Section 12.80.273 of Chapter 12.80 (Definitions) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.80.273 Junior accessory dwelling unit (JADU).
“Junior accessory dwelling unit” or “JADU” means a residential unit that is no more than five hundred square feet in size and contained entirely within a single-family dwelling unit, including an attached garage. A junior accessory dwelling unit must contain an entrance separate from the entrance for the single-family dwelling and shall either include separate sanitation facilities (bathroom containing a sink, toilet, and shower/tub) or share sanitation facilities with the single- family dwelling. An efficiency kitchen is required, which must include a sink, a cooking facility with appliances (e.g., microwave, toaster over, hot plate), as well as a food preparation counter and storage cabinets. (Ord. 1898 § 3, 2021)
SECTION 56. Section 12.80.390 of Chapter 12.80 (Definitions) of Article III (Zoning) of Title 12 (Land Use) is deleted in its entirety.

SECTION 57. Section 12.80.483 of Chapter 12.80 (Definitions) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.80.483 Temporary use.
“Temporary use” means a one-time, occasional, or recurring use of a limited duration less than or equal to one calendar year that is allowed as a conditional use in a zoning district subject to obtaining a temporary use permit, as described in Section 12.84.030. This definition excludes public dances or public entertainment events where such events last three days or less, as described in Chapter 4.08. (Ord. 1898 § 3, 2021; Ord. 1884 § 3, 2020; Ord. 1730 § 2, 2007)
SECTION 58. Section 12.80.485 of Chapter 12.80 (Definitions) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.80.485 This article.
“This article” means Chapters 12.72 through 12.300 12.280 of the San Bruno Municipal Code, as may be amended from time to time. (Ord. 1898 § 3, 2021; Ord. 1884 § 3, 2020; Ord. 1410 § 1, 1982; prior code § 27-3.1)

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9 SECTION 59. Chapter 12.84 (General Provisions, Conditions and Exceptions) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.84 GENERAL PROVISIONS, CONDITIONS AND EXCEPTIONS

12.84.010 Scope.

The regulations provided for in this article shall be subject to the general provisions and exceptions set forth in this chapter. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-

4.1)

12.84.020 Building site area.

A lot or parcel with a lot width, depth or area that does not meet the minimum requirements of the zoning district in which it is located shall be considered a building site if said lot or parcel is shown on a subdivision map or parcel map recorded with the county recorder prior to January 13, 1962 (effective date of previous zoning ordinance); and further provided, said lot or parcel has not been, since that date, in common ownership with contiguous property thereby providing required lot width, depth or area for the zoning district. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-4.2)

12.84.030 Temporary uses.

A. Before a temporary use that is permitted by this section occurs, a temporary use permit shall be obtained.

B. The purpose of the temporary use permit is to allow the proper integration into the community of uses that may be appropriate only in specific locations in a zoning district, or appropriate only if such uses are established or arranged on the site in a particular manner.

Temporary uses allowed are as follows:

1. Sales of holiday trees and holiday accessories between November 1st and December 31st of each year;

2. Sales of pumpkins during the month of October each year;

3. Off-site storage yards, staging areas or parking facilities related to construction projects.

Temporary parking areas shall comply with Section 12.100.040.K;

4. Recurring uses that are similar to those uses listed as conditional uses in this section, that occur within limited business hours, and that occur more than three times per year at a frequency not to exceed two times per week for up to one calendar year;

5. Any use that the community development director finds is similar in nature, function, or operation to the listed temporary uses, or conditional or permitted uses allowed in the district.

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9 C. The community development director (which refers to the director or his or her designee throughout this section) or planning commission may approve, deny, or conditionally approve an application for a temporary use permit as further specified in this section.

D. Community development director actions. The community development director may grant temporary use permits for any temporary uses lasting for a period of three months or less.

In addition, the director may grant a temporary use permit for up to one year for a storage yard, staging or parking related to a construction project within the city limits, and such temporary use permit may be extended for up to one year at a time until the project is completed, if the applicant provides the director with satisfactory evidence that the construction project is proceeding in a timely manner.

1. An application for a temporary use permit shall be made under this subsection and shall conform to the requirements specified in Sections 12.76.060 (Payment of fees required), 12.78.010 (Planning application completeness and close out due to inactivity), and 12.112.020 (Application and plans), and the application shall be made at least sixty days in advance of the intended commencement date of the temporary use.

2. Upon receipt of a complete application for a temporary use permit under this subsection, the community development director shall approve, deny, or conditionally approve the application within one month.

3. At least ten days prior to approving a temporary use permit under this subsection, the community development director shall ensure that written notice of the proposed temporary use is: (a) posted in at least three conspicuous places on utility poles on both sides of the property frontage and across the street from the subject property; and (b) is given through the United States mail, with postage prepaid to all persons (including businesses, corporations, or other public or private entities) owning real property adjacent to, which includes across the street, within three hundred feet of the exterior boundaries of the property for which the application is being considered, and using addresses from the latest equalized assessment roll, or alternatively, from other records of the assessor or tax collector that, in the opinion of the secretary of the assessor or tax collector, contain more recent addresses. The notice shall specify the type and magnitude of the application to be considered, the place where copies of the application may be reviewed, the timing of approval, and a statement indicating the ability of any interested party to submit comments to the community development director.

4. The community development director shall grant a temporary use permit under this subsection D only if the director he or she makes the findings required by Section 12.112.050(B).

5. The applicant or any other interested party may appeal the community development director’s action on a temporary use permit to the planning commission city manager any order, requirement, decision or determination of the community development director pursuant to this subsection. Appeals shall be made in writing, accompanied by any required fee, and filed with the city clerk within ten days after the final action of the community development director. The appeal shall clearly state the facts of the case and the grounds for the appeal. Upon receipt of the appeal, the community development director shall schedule the appeal for a planning commission hearing city clerk shall notify the city manager, or designee, who will render a decision within thirty days after the filing of the appeal.

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9 6. The community development director may revoke a temporary use permit granted pursuant to the provisions of this subsection if any of the conditions or terms of such approval are violated or if any law is violated in connection therewith. At least ten days prior to revoking a temporary use permit under this subsection, the community development director shall ensure that written notice of the proposed revocation is given to the permittee, and is given through the United States mail, with postage prepaid to all persons (including businesses, corporations, or other public or private entities) owning real property adjacent to the property for which the revocation is being considered, and using addresses from the latest equalized assessment roll, or alternatively, from other records of the assessor or tax collector that, in the opinion of the secretary of the assessor or tax collector, contain more recent addresses. A permittee or other interested party may appeal a revocation decision to the planning commission city manager, as provided in subsection (D)(5) of this section.

E. Planning commission actions. The planning commission may grant temporary use permits for other temporary uses lasting longer than three months but less than or equal to one year. The planning commission may grant a temporary use permit for up to two years, in cases of a temporary wireless communications facility or similar temporary facility, with a single one- year extension if the applicant provides the commission with satisfactory evidence that installation of the permanent facility is proceeding in a timely manner.

1. An application for a temporary use permit under this subsection E shall conform to the requirements specified in Sections 12.76.060 (Payment of fees required), 12.78.010 (Planning application completeness and close out due to inactivity), and 12.112.020 (Application and plans), and the application shall be made at least sixty days in advance of the intended commencement date of the temporary use.

2. Upon receipt of a complete application for a temporary use permit under this subsection E, the community development director shall schedule a public hearing before the planning commission within thirty days of receipt of the complete application, and the planning commission shall reach a decision on the application within thirty days of the public hearing.

3. At least ten days prior to such hearing, the planning commission shall ensure that written notice of the proposed temporary use is posted in at least three conspicuous places on utility poles on both sides of the property frontage and across the street from the subject property. The posted notice shall specify the type and magnitude of the application to be considered, the place where copies of the application may be reviewed, the timing of approval, and a statement indicating the ability of any interested party to submit comments to the community development director. In addition, the planning commission shall ensure that at least ten days prior to such hearing, written notice of the proposed temporary use is given through the United States mail, with postage prepaid and using addresses from the latest equalized assessment roll, or alternatively, from other records of the assessor or tax collector that, in the opinion of the secretary of the assessor or tax collector, contain more recent addresses. This notice by mail shall be sent to all persons (including businesses, corporations, or other public or private entities) owning real property within three hundred feet of the exterior boundaries of the property for which the application is being considered.

4. The planning commission (or city council on appeal) shall grant a temporary use permit under this subsection only if it makes the findings required by Section 12.112.050(B).

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9 5. Appeals of decisions made under this subsection shall proceed in accordance with the procedures specified in Section 12.78.060.

6. The planning commission may revoke a temporary use permit granted pursuant to the provisions of this subsection if any of the conditions or terms of such approval are violated or if any law is violated in connection therewith. At least ten days prior to revoking a temporary use permit under this subsection, the planning commission shall ensure that written notice of the proposed revocation is given to the permittee and is given through the United States mail, with postage prepaid to all persons (including businesses, corporations, or other public or private entities) owning real property adjacent to the exterior boundaries of the property for which the revocation is being considered, and using addresses from the latest equalized assessment roll, or alternatively, from other records of the assessor or tax collector that, in the opinion of the secretary of the assessor or tax collector, contain more recent addresses.

F. The community development director or planning commission may impose such conditions on temporary use permits as deemed necessary to secure the purposes of this section and to protect adjacent properties and the public interest. The director or commission may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control and time limits. The director or commission may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

G. The issuance of a permit under this section does not entitle a permittee or any other person to a temporary use permit beyond the period of time provided for in the temporary use permit, or to the issuance of another temporary use permit in the future, even at the same location or for the same use.

H. It is unlawful and a violation of the provisions of this section for any person to construct or modify any structure, or expand or alter any approved uses, except in strict conformance with any use permit issued. (Ord. 1908 § 3, 2022; Ord. 1898 § 3, 2021; Ord. 1730 § 4, 2007; Ord. 1410 § 1, 1982; prior code § 27-4.3)

12.84.040 Adult business.

A. Adult businesses and massage establishments shall not be permitted as home occupations.

B. Such uses shall only be conditional uses in the permitted in C-C, C-1, and C-2 zoning districts, and C-N districts abutting El Camino Real, and the TOD-2 district, and shall be governed by provisions of Chapter 12.112 pertaining to use permits and require approval of the planning commission, subject to the restrictions set forth in subsections C and D of this section.

Such uses shall be prohibited in other zoning districts. In districts where such uses are permittedconditional uses, the applicable requirements set forth in the district regulations shall govern, except as provided in this section.

C. Such uses shall be prohibited within five hundred feet of a residential zoning district, another adult use, a school attended primarily by minors, a Place of Worship, and a public park.

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9 D. For any adult business and massage establishment, off-street requirements shall be governed by Chapter 12.100.

E. Massage establishments which possess a valid city certificate of exemption as defined in Chapter 4.40 of this code are exempt from the regulations of this section and shall be allowable to the same extent as other professional or personal services businesses as provided for in this code. (Ord. 1898 § 3, 2021; Ord. 1781 § 1, 2009; Ord. 1410 § 1, 1982; prior code § 27-4.4)

12.84.050 Cardrooms.

A. Cardrooms shall not be permitted as home occupations.

B. Cardrooms shall be conditional uses in commercial districts abutting El Camino Real and San Mateo Avenue and shall be governed by provisions of Chapter 12.112 pertaining to use permits and require approval of the planning commission. Cardrooms shall be prohibited uses in other zoning districts. In districts where such uses are conditional uses, the applicable requirements set forth in the district regulations shall govern, except as provided in this section.

C. For cardrooms, off-street parking requirements shall be governed by Chapter 12.100. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-4.5)

12.84.060 Amusement game centers and other entertainment establishments.

A. No amusement game center, theater, circus, carnival, open air theater, racetrack, private recreation center, or other similar establishment involving large assemblages of people may be established in any district unless and until a use permit is first secured for the establishment, maintenance and operation of such use.

B. No place of public amusement or place of public dance or entertainment, as defined in Section 4.04.010 of this code, may be established in any district unless and until a use permit is first secured for the establishment, maintenance and operation of such use.

C. No use permit shall be issued for any place of public amusement or place of public dance or entertainment unless and until a license therefor shall have first been issued pursuant to Title 4.

D. Except for amusement game centers, as defined in Section 4.04.010 of this code, the uses described in subsections A and B of this section shall be conditional uses in C-1, C-2 and C-C districts. They shall be permitted uses in P-D districts whose development plans provide that the predominant use of the district is retail commercial, subject to a P-D permit or modification, and where the decision-making body commission finds that the proposed use would be compatible with retail commercial use in such district. Such uses shall be prohibited in other districts.

E. No amusement game center may be established in any district unless and until a use permit is first secured for the establishment, maintenance and operation of such use.

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9 F. Amusement game centers shall be conditional uses in districts that allow commercial uses. only in C-N, C-1, C-2, and C-C districts. They shall be conditionally permitted in P-D districts whose development plans provide that the predominant use of the district is retail commercial, subject to a P-D permit or modification, and where the commission decision- making body finds that the proposed use would be compatible with retail commercial use in such district.

G. No amusement game center may be established, maintained or operated within one thousand feet from the nearest street entrance to or exit from any public playground or public or private school of elementary or high school grades; nor within three hundred feet from any residential zoning district. Said distance shall be measured from said entrance or exit in the most direct line or route on, along, or across said street or streets adjacent to said public playground or public or private school of elementary or high school grade or residential zoning district.

H. No conditional use permit, or P-D permit or modification, shall be issued for any amusement game center unless and until a license therefor pursuant to Title 4 shall first have been issued.

I. Every application for a conditional use permit, or P-D permit or modification, for an amusement game center shall indicate the following information:

1. The proposed hours of operation;

2. Any proposed restriction as to hours during which minors will not be permitted on the premises so as not to conflict with school attendance days;

3. The proposed number of amusement games to be installed; the general types of games; the maximum number of players who can play each game at once;

4. The type of private security service which will be provided during hours of operation;

5. The name of one or more responsible adults who will act as the agent in charge of the premises during hours of operations.

J. Every conditional use permit, or P-D permit or modification, for an amusement game center shall contain specific conditions as to the following:

1. General restrictions on hours of operation;

2. Special restrictions as to hours of the day during which minors will not be permitted on the premises so as not to conflict with school attendance days;

3. The maximum number of amusement machines which will be installed and maintained;

4. Provision of adequate security service during hours of operation;

5. Restriction of business operations open to the public to the area commonly known as the street area;

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9 6. Designation of a responsible adult as agent in charge;

7. Restriction against loaning of money or extension of credit for the purpose of providing or encouraging play of amusement machines;

8. A requirement that the operator of the center maintain a copy of the conditions of the use permit on the premises;

9. Authorization of revocation of the permit if the use becomes a public nuisance to the adjacent neighborhood or a serious police problem.

K. In considering an application for a conditional use permit, or a P-D permit or modification, for an amusement game center, the decision-making body planning commission or the city council on appeal, shall take into account and make findings relative to the following factors:

1. Adequacy of interior or exterior lighting;

2. Adequacy of sound insulation;

3. Adequacy of restrooms;

4. Compatibility with adjacent businesses;

5. Adequacy of vehicular and pedestrian access.

L. Unless a license shall have been issued by the Department of Alcoholic Beverage Control of the state for on-sale or off-sale of alcoholic beverages on the premises of an amusement game center, no person shall bring such beverages on the premises or consume such beverages thereat.

M. Off-street parking requirements for amusement game centers shall be as specified in Section 12.100.090.

N. An existing, legally established amusement game center which lawfully commenced after the city council or planning commission approved the use of such facility for amusement games may continue in operation at the approved location. The following method of operation shall be observed:

1. No person under eighteen years of age shall be permitted within the premises before three p.m. on weekdays designated as school attendance days by the San Mateo Union High School District. The agent in charge shall be responsible for enforcement of this provision.

2. The number of amusement machines kept or maintained at such center shall not be increased beyond the number kept or maintained thereat on March 8, 1982, unless a conditional use permit, or P-D permit or modification, is issued therefor, which allows additional machines. shall have been issued therefor, or unless the center is in a P-D district whose development plan provides that the predominant use of the district is retail commercial, and the commission

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9 finds that the proposed increased use of amusement games at the center is compatible with the retail commercial use in such district.

3. The operator of the center has designated a responsible adult as agent in charge, to be present during all business hours. The name of such person shall be conspicuously posted at or near the main cashier area.

4. No money shall be loaned or credit extended for the purpose of providing or encouraging game play.

5. The operator of the premises shall cause at least one sign advising of the restriction imposed by subsection A of this section to be posted at each public entrance to the center.

O. The keeping, maintenance, or use of not more than three amusement machines is an accessory use in business establishments in districts that allow commercial uses the C-1, C-2, C-N, C-B-D, and C-C districts, and in P-D districts whose development plans provide that the predominant use of the district is retail commercial. The operations of such machines by persons under eighteen years of age shall be prohibited prior to three p.m. on any weekday designated as a school attendance day by the San Mateo Union High School District.

P. The keeping, maintenance, or use of not more than three amusement machines is an accessory use in a residential district, provided that such machines are used solely for the amusement of the occupants of the dwelling and their guests, and not for commercial purposes or for the purpose of receiving income. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-4.6)

12.84.070 Public dance/entertainment event.

A. Any person may apply to the chief of police, as specified in Title 4 of this code, for a permit to hold a public dance or public entertainment event lasting three days or less for up to three such dances or events in a single year.

B. Where such person has received permits for three dances or events in any single year, or where such person intends to hold a public dance or event on a permanent basis, a temporary use permit or use permit must first be obtained in accordance with the provisions of Section 12.84.030 or Chapter 12.112. These requirements shall not be applicable to the following:

1. Any dance or entertainment event held by a business establishment which is licensed by the Alcoholic Beverage Control Board of the state where dancing or live entertainment is incidental to the other activities of the business;

2. Any dance or entertainment event conducted directly by the public schools, or by the recognized student body organizations thereof, where such dance is conducted on school premises;

3. Any dance or live entertainment event conducted directly by the department of community servicesparks and recreation of the city; or

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9 4. Any dance or live entertainment event conducted in a place of public dance or entertainment licensed as such pursuant to this code. (Ord. 1898 § 3, 2021; Ord. 1730 § 4, 2007; Ord. 1410 § 1, 1982; prior code § 27-4.7)

12.84.080 Use of surplus schools and public buildings.

A. School district or other public agency buildings which have hereto been used for school or other public purposes which are situated on one or more contiguous lots entirely surrounded, abutted, or adjoined by residential and/or open space zones may be used for the following:

B. Not subject to a use permit: Library extension and adult education, special education classes, school administration office, park and recreation office, senior citizen services, nursery school, child day care center;
C. Subject to a use permit: Recreational, educational and cultural facilities, public utility facilities (excluding corporation or repair yards and warehouses); offices; storage completely within a building or incidental or accessory to another allowed use; and uses which in the opinion of the decision-making bodyplanning commission are similar to those listed permitted and conditional uses.

D. Notwithstanding any other provision of this code, all other existing school district or other public agency buildings which have heretofore been used for school or other public purposes may have permitted uses not exceeding the highest intensity zone of any surrounding, abutting, or adjoining property; provided that:

1. The governing body of the respective school district or other public agency find and determine that the property, or any portion thereof, is not immediately needed for a public purpose;

2. The secretary or clerk of the governing body certify such findings and determination to the planning community development director.

Applicable property may be leased for higher intensity uses found not to be harmful to these surrounding uses subject to obtaining a use permit pursuant to Chapter 12.112.

E. Upon transfer or sale of the subject school or public agency property, any permitted uses under this section shall terminate. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-4.8)

12.84.090 Public utility facilities.

A. Utility Transmission Facilities. Utility transmission facilities shall be allowed in all districts. No such facilities shall be constructed unless and until the route thereof shall have been submitted to the planning commission for review at a public hearing as to which notice is given pursuant to Chapter 12.132.

B. Utility Distribution Facilities. Utility distribution facilities, including, but not limited to, electric, communications and cable television, shall be allowed in all districts. The height thereof

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9 shall be limited to fifty feet or three stories, whichever is more restrictive, except where necessary to allow compliance with clearance requirements for utility lines and structures.

When an underground utility district is formed, or when required by the subdivision ordinance, utility distribution facilities within such district or subdivision, or within the public street right-of-way adjacent to such subdivision, shall be placed underground, including appurtenant equipment, transformers, terminal boxes, meter cabinets, and ducts. The commission decision-making body shall have the discretion to require existing facilities to be placed underground in connection with approval or architectural review permits, conditional use permits, planned unit permits, minor modifications, variances, P-D zoning, and approval of P-D district development plans.

Facilities not placed underground shall be screened from view by the developer or property owner in a manner which will enable the utility to have access to the facilities for reading or maintenance. Screening materials shall consist of landscaped shrubbery or fencing.

C. New Structures. No building permit shall be issued for the construction of a new structure unless the property owner shall have executed a covenant running with the land, and enforceable by the city, whereby the owner waives the right to protest the inclusion of the property within an underground utility district.

Where compliance with this subsection would cause undue hardship, the community development directorplanning commission may, upon application of the owner, permit other arrangements for electric or communication service; provided, that facilities for future underground service are installed in the building. The action of the director can be appealed to the city manager as set forth in Chapter 12.78.

D. Location of Substations, Pumping Stations and Similar Facilities. Public utility substations, pumping stations, equipment buildings and similar facilities may be located in any district, subject to obtaining a use permit, which shall be approved if it is found that the facility is designed in a manner compatible with the neighborhood wherein it is proposed to be located.

E. Utility Meters. Public utility meters, in all districts, shall be enclosed or screened from view from any public area or adjacent buildings. Meters shall be screened in a manner which will enable the utility to have access to the meter for reading or maintenance. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-4.9)

12.84.100 Swimming pool and hot tub regulations.

A. Swimming pools and hot tubs in any district shall be constructed at least fifty feet from the front lot line. Such pool or tub may not be located closer than five feet from any rear lot line or side lot line. On the street side of any corner lot where the rear of the lot abuts the side lot line, no pool or tub shall be located closer than ten feet to such lot line.

B. Pumps, filter, and heating systems for such pools and tubs shall not be located within ten feet of any dwelling other than that located on the lot where the swimming pool or tub is proposed to be located.

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9 C. All swimming pools and hot tubs or the portion of the yard in which said pool or tub is located shall be completely enclosed by a fence at least six feet in height and all gates shall be self-closing and self-latching. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-4.10)

12.84.110 Solar energy systems.

To encourage the use of solar energy systems, said systems shall be permitted to the extent that they conform to the regulations for structures contained in this article. Where said systems would not conform to the regulations of the district within which they would be located, they shall be subject to an architectural review permit treated as conditional uses, subject to obtaining a use permit, which shall be approved, provided the noncompliance with district regulations is the minimum necessary to provide the solar system, and the establishment and use of the system would pose no threat to the public health and safety. Reasonable restrictions or conditions may be imposed, provided they do not significantly increase the cost of the system or significantly decrease its efficiency. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-4.11)

12.84.120 Television satellite receivers.

A. Equipment designed to receive satellite television signals shall be permitted in all districts, subject to obtaining a building permit.

B. Such equipment shall not be placed on the roofs of structures in residential districts and may be placed on the roofs of commercial structures only if said roof is constructed to be capable of supporting such equipment.

C. Such equipment shall be set back at least ten feet from any property line. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-4.12)

12.84.130 Home occupation permits.

A. Criteria. The following criteria shall be determinative of a valid home occupation:

1. It shall not unreasonably generate pedestrian or vehicular traffic beyond that normal to the zone in which it is located.

2. It shall not involve the use of commercial vehicles for the delivery of materials to or from the premises (vehicles not over three-fourths-ton carrying capacity excepted). No vehicle over three-fourths-ton carrying capacity shall be used for home occupation purposes.

3. It shall not involve the use of signs other than the minimum required by law.

4. It shall not involve more than two hundred square feet or ten percent, whichever is greater, of the dwelling floor area whether the home occupation use is conducted within the dwelling or in an accessory building or a combination of both.

5. Stock-in-trade may be used or kept within a home or occupation permitted area, provided the stock-in-trade is sold off the premises.

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9 6. In no way shall the appearance of the structure or premises be so altered, or the conduct of the occupation within the structure or premises be such, that the nature of the premises may be reasonably recognized as serving a nonresidential use (either by color, materials, construction, lighting, signs, noises or vibrations, etc.).

7. No mechanical or electrical equipment is used or stored which causes undue noise or electrical interference.

8. A home occupation may be conducted only within an enclosed building, whether the building constitutes part of the main building or is an accessory building. A home occupation not proposed in an enclosed building shall require approval by the community development director, after noticing is provided as described in Chapter 12.132, except the notice shall only be to property owners that directly abut the subject site. After a public hearing and hearing notice, as described in Chapter 12.132, the planning The community development director may authorize a home occupation in other than an enclosed building upon the determination that the home occupation will not damagesignificantly impact neighboring properties.

9. A home occupation may be conducted in a garage provided the home occupation does not unreasonably conflict with the required parking for such residential structure.

10. The home occupation shall not involve the employment of help other than resident members of the family within the residence. No provision of this section shall be deemed to prohibit service occupations carried on off the premises, nor to prohibit the employment of persons off the premises. Where special conditions exist and are disclosed on the application, the planning community development director may modify this requirement.

B. Home Occupation Permits. No person shall commence or carry on any home occupation, as set forth above, within the city without first having procured a permit from the planning community development director. The planning community development director shall issue a permit when the applicant shows that the home occupation meets all the requirements of subsection A of this section. Every home occupation shall fully comply with all city, county and state codes, ordinances, rules and regulations.

C. Permit Applications: Form and Content. Applications for home occupations permits, as set forth in subsection B of this section, shall be filed, in writing, with the planning community development director, by the person who intends commencing or carrying on a home occupation. The applications shall be upon forms furnished by and in the manner prescribed by the planning community development director. Where the applicant is not the owner of the lot on which the home occupation is proposed to be conducted, the application shall be accompanied by the written consent of the owner or his or her agent. Such written consent shall be annually renewed.

D. Permit Not Transferable. No home occupation permit issued pursuant to the provisions of subsection B of this section shall be transferred or assigned, nor shall the permit authorize any person, other than the person named therein, to commence or carry on the home occupation for which the permit was issued.

E. Notices and Appeals. As set forth in Chapter 12.78. Within seven days after the filing of an application for a home occupation permit, the planning director shall either issue or deny the permit and shall serve notice of such action upon the applicant by mailing a copy of such notice

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9 to the applicant at the address appearing on the application. Any person aggrieved by the action of the planning director upon an application for a permit may appeal such action to the planning commission. The appeal shall be filed within seven days after the actions by the planning director. The appeal shall be accompanied by a fee, as set by the city council. Within thirty days of receiving the appeal the matter shall be considered by the planning commission.

An appeal of the commission decision may be made by filing a written notice of appeal with the city clerk within seven days from the date of the commission decision. The city clerk shall present all appeals to the council, and shall give written notice to the applicant of the time and date set for such review. The action of the council shall be final and conclusive with respect to the issuance or denial of such home occupation permit.

F. Suspension, Revocation and Appeals. Any home occupation permit issued pursuant to the provisions of subsection B of this section may be suspended or revoked by the planning community development director when it appears that the home occupation authorized by the permit has been or is being conducted:

1. In violation of the conditions of approval of any city, county and/or state code, ordinance, rule or regulation, including the provisions of this section; or

2. In a disorderly manner; or

3. To the detriment of the general public; or

4. When the home occupation being carried on is different from that for which the permit was issued, the permit may be revoked or suspended. Any home occupation permit which has been issued shall not be revoked or suspended unless a hearing shall first have been held by the planning community development director. Written notice of the time and place of such hearing shall be served upon the permittee at least seven days prior to the date set for such hearing. The notice shall contain a brief statement of the grounds for revoking or suspending the permit; such notice to the person to be notified at the address appearing on the permit. Any person aggrieved by the action of the planning community development director may appeal to the planning commission as set forth in Chapter 12.78. by filing a written notice of appeal with the planning director within seven days after the date of mailing of the planning director’s action.

Appeals shall be processed as set forth in subsection E of this section.

G. Inspection Fees. An inspection fee shall be paid upon the filing of an application for a home occupation permit.

H. Business License Required. Every home occupation permittee shall obtain a business license. A deposit toward the required business license shall be paid at the time of filing an application for a home occupation permit. The deposit shall be refunded in the event the home occupation application is denied. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-

4.13)

12.84.140 Accessory structures.

A. For the purpose of this chapter, the following definitions shall apply:

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9 1. “Accessory structure” means a subordinate structure not intended for habitation (excepting approved accessory dwelling units) and detached from but located on the same lot as the primary structure. The use of an accessory structure is incidental to that of the primary structure. Excluded from this definition are trash enclosures, storage sheds, equipment structures, decks and planter boxes with a maximum height of forty-two inches, and similar small structures. (San Bruno Municipal Code Section 12.80.012).

B. An accessory structure which is attached to the main building:

1. Shall be made structurally a part of the main building;

2. Shall have a common wall or roof with the main building;

3. Shall comply in all respects with the requirements of this article applicable to the main building.

C. Unless so attached, an accessory structure in a residential district:

1. Shall be located at least six feet from any dwelling building existing or under construction on the same lot. Such detached accessory structure shall not be located within five feet of any alley or within one foot of side or rear line of the lot or, in the case of a corner lot, to project beyond the front setback required on any adjacent key lot;

2. Shall have a maximum overall height no greater than fourteen feet and the top of the exterior wall height shall not exceed nine feet;

3. Shall be set back at least one foot from the side or rear line of the lot and at least five feet from any alley or, in the case of a corner lot, shall not project beyond the front setback required on any adjacent key lot;

4. Shall be located at least six feet from any dwelling building existing or under construction on the same lot;

5. Shall be located on the rear half of the lot except for detached garages, which shall meet the minimum driveway length of twenty feet;

6. The maximum lot coverage of any and all accessory structure on a lot shall not exceed fifty percent of the required rear yard and at no time shall exceed the lot coverage requirements of the applicable zoning district; and

7. Shall not be used for living, sleeping, cooking or similar situation unless said building has been specifically authorized by the city for such use as a dwelling. Accessory dwelling units and junior accessory dwelling units shall be subject to separate requirements as stated in Chapter 12.90 of the San Bruno Municipal Code and exempt from the provisions as set forth in this chapter.

D. The maximum height of an accessory structure shall be measured per Section 12.80.246. If an accessory building is to be constructed on top of an improved foundation, the height of the structure shall include the improved foundation as part of the

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9 maximum allowable height. The height of the accessory building may be measured from the top of the improved foundation with community development director approval.

E. An accessory structure in a residential zoning district shall require a building permit and planning division approval of a site plan unless:

1. There is only one accessory structure on a lot;

2. The structure is less than one hundred twenty square feet in area;

3. The structure meets all applicable height and setback standards of this chapter; and

4. The structure meets building code requirements and does not contain any electrical, mechanical or plumbing service. (Ord. 1898 § 3, 2021; Ord. 1743 § 1, 2007; Ord. 1410 § 1, 1982; prior code § 27-4.14)

12.84.150 Fences, hedges, walls and plantings.

A. No fence, hedge, wall or screen planting of any kind for residential properties shall:

1. Be constructed or grown to exceed six feet in height (unless otherwise permitted by law) within any required side yard to the rear of the required front yard of any dwelling or within any required rear yard. An additional two feet of lattice may be placed on the top of a fence or wall, so that the total height of the structure does not exceed eight feet.

2. Exceed three feet in height within the required front yard of any dwelling; and

3. Be situated within twenty-five feet of the street corner of a corner lot, unless otherwise approved by the community development director. The community development director may allow a fence to be situated within twenty-five feet of the corner if it is determined that the fence would not create a solid visual barrier and would not create a safety hazard within the immediate area. In no case shall a fence, hedge, wall or screen planting exceed three feet in height when situated within twenty-five feet of street corner or a corner lot.

B. The maximum height of a fence, wall, hedge or screen planting shall be measured from the existing grade. If a fence, wall, hedge or screen planting is to be constructed on top of a retaining wall, the height of the fence may be measured from the top of the retaining wall with community development director approval. (Ord. 1898 § 3, 2021; Ord. 1722 § 1, 2006: Ord. 1410 § 1, 1982; prior code § 27-4.15)

12.84.160 Exceptions to height limit.

Flagpoles, monuments, radio antennae, windmills and similar structures may be permitted to exceed the height limits for the district in which they are located up to fifty feet or three stories, whichever is the more restrictive, provided an architectural review permit is first obtained, a use permit is first obtained, as set forth in Chapter 12.10812.112. This limitation on the height of a radio communication antennae shall not apply to recognized members of the city of San Bruno emergency service organizations; however, in no case, may the height of said antennae exceed

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9 fifty feet above the adjoining grade level. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-4.16)

12.84.170 Exceptions to setback requirements.

A. Architectural features, such as cornices, eaves, and canopies, shall not be constructed closer than three feet from any side lot line nor project more than six feet into any required front or rear yard.

B. Open porches, decks, landings and outside stairways exceeding one foot above existing grade may project not closer than three feet from any side lot line and not exceeding six feet into any required front or rear yard.

C. 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.

D. On any substandard lot which qualifies as a building site pursuant to the provisions of this article, the width of each side yard may be reduced to ten percent of the width of such parcel, but in no case to less than three feet.

E. In cases where existing structures were built with setbacks which establish the existing front, side and rear yards, or for proposed new structures, a request by the property owner or developer for reassignment of yards can be made to the Community Development Director.

The Community Development Director will consider the existing neighborhood development pattern, adjacent property structure locations and potential impacts to adjoining properties prior to approval.

F. Whenever the first story of a dwelling in an R-1 district projects within a required side or rear setback due to the granting of a variance, architectural review permit, or as built, due to the status of the projection as a nonconforming use, or where such projection has existed for not less than ten years, the second story of such dwelling may be built or added to so as to project within any such setback to a degree not greater than the projection of the first story without the necessity of a variance or architectural review permit. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-4.17)

12.84.180 Performance standards.

The following performance standards will be applicable to each project unless the approval authority determines that one or more of said standards is inapplicable due to the nature or circumstances of the project. In such a case, the approval authority may waive such standard.

Violation or failure to comply with any such standards shall constitute a violation of this article.

A. Architectural.

1. All mechanical equipment, including gas meters and transformers, shall be screened from public view. Screening materials shall consist of landscaped shrubbery or fencing.

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9 2. The color of all material used for rain gutters, flashing, and similar purposes shall be consistent with that of immediately surrounding building materials.

3. All trash dumpsters shall be screened from public view.

4. Where required by law, plans for new structures shall be subject to review by the City/County Association of Governments of San Mateo County (C/CAG) county of San Mateo Airport Land Use Commission. Said structures shall be required to conform to all applicable standards, conditions, and specifications of said commission prior to the issuance of any city permit, unless overridden by City Council.

5. Plans for new industrial and commercial structures will be subject to review by the police department crime prevention officer of the city for security provisions.

6. All special conditions of approval imposed by the decision-making bodies architectural review committee or planning commission on appeal shall be complied with prior to the issuance of any permit by the city, unless specifically provided otherwise in such condition.

7. Each street address shall be delineated on the building or dwelling unit with numbers of adequate size as determined by the fire marshal of the city.

8. 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.

B. Landscape.

1. The minimum percentage of the gross land area of the building site or lot which shall be landscaped shall be as follows:
a. C-N, C-1, C-2 and M-1 districts;
i. Service stations and drive-in establishments: ten percent, ii. All other uses: seven and one-half percent;
b. C-B-D: five percent;
c. All other districts: fifteen percent.
i. In R-1 and R-2 districts, when a new dwelling is constructed, or an addition increases the gross floor area, the front setback area shall include landscaping.

2. A minimum of six inches of concrete curb shall be installed around all landscape areas adjacent to paved driveway and parking surfaces.

3. The applicant and property owner shall execute an agreement for maintenance of landscaping with the city prior to the issuance of any city permit.

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9 4. There shall be continuous (solid) ground cover in all landscape areas.

5. An irrigation system shall be provided for all landscape areas.

C. Bond.

1. When a new use of a lot to be undertaken in a new building or structure has been approved, and there exist one or more uses on such lot whose removal is contemplated due to such approval, the applicant shall file with the planning community development director, prior to issuance of the building permit for the new building or structure, a faithful performance bond executed by a corporate surety authorized to do business in California, guaranteeing removal of existing building or structure within sixty days of completion of the new building or structure. The amount of said bond shall be approved by the planning community development director as to sufficiency to accomplish the removal. Said bond shall be approved as to form by the city attorney.

2. Prior to authorization of the temporary occupancy of any new building or structure before its completion, the completion of landscaping or required off street parking on the site, or the completion of any physical development of the site constituting a component of project approval, the applicant shall file with the planning community development director a faithful performance bond executed by a corporate surety authorized to do business in California, guaranteeing completion of the existing building or structure within sixty days of the completion of the new building or structure. The amount of said bond shall be approved by the planning community development director as to its sufficiency to guarantee completion of the required work. Said bond shall be approved by the city attorney.

D. Recycling Provisions.

1. Regulations Applying to Recycling Plan Requirement for Single-Family and Two-Family Residential Developments.
a. Applicants for new construction or for addition to existing single-family or two-family units shall designate on the floor plans an interior space of three cubic feet per dwelling unit for the purposes of storing recyclable materials. Such space shall be located with reasonable accessibility to the exterior for convenient transportation of the recyclables for curbside pick-up.

Designated interior storage space for recyclables shall not intrude into required space for off- street parking.
b. Such designated collection and storage areas shall provide separate bins for recyclable glass, metal cans, and newsprint, as well as the garbage container (thirty-gallon/sixty-gallon/ ninety-gallon) for commingled non-recyclable solid waste, with all such containers being provided by the garbage company.

2. Regulations Applying to Recycling Plan Requirement for Multifamily Residential Developments.
a. Developers/owners of new multiple-family residential developments, or developers of existing multiple-family residential developments who propose substantial additions, shall designate on the floor plans an interior space equivalent to three cubic feet per dwelling unit for the purposes of storing recyclable materials. Such interior storage space may be located on

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9 each floor of a building or in sections of the building, but in all cases shall be located within reasonable access of each unit within the development.
b. The developer/owner of the property shall provide a common collection and storage area for the pick-up and removal of recyclables from the complex, and shall designate such collection area on a site plan. Such common collection and storage area shall be constructed in such a manner so as to prevent litter, shall not occupy or intrude into any required off-street parking space, shall be placed in locations to accommodate vehicles collecting materials without damaging the buildings or pavement, shall be located to minimize negative impacts on the residents, and shall be constructed to be architecturally compatible with the residential structure(s), or shall be screened or landscaped to blend in with the residential development. c. Such designated collection and storage areas shall provide separate bins for recyclable glass, metal cans, and newsprint, as well as the garbage container (thirty-gallon/sixty-gallon/ ninety-gallon) for commingled nonrecyclable solid waste.

3. Regulations Applying to Recycling Plan Requirement for Nonresidential Developments. a. Developers/owners of new nonresidential developments, or developers/owners of existing nonresidential developments who propose any addition, remodeling, change of use or ownership shall provide a collection and storage area for the pick-up and removal of recyclables from the development, and shall designate such collection area on a site plan. In the case of tenants sharing a common development, such storage and collection facility may be designed to accommodate the needs of the entire complex. Such common collection and storage area shall be constructed in such a manner so as to prevent litter, shall not occupy or intrude into any required off-street parking space, shall be placed in locations to accommodate vehicles collecting materials without damaging buildings or pavement, shall be located to minimize negative impacts on any adjacent residents, and shall be constructed to be architecturally compatible with the building(s), or shall be screened or landscaped to blend in with the development.
b. Such designated collection and storage areas shall be designed to accommodate the specific waste generation characteristics, including recyclable materials and commingled nonrecyclable solid waste, of the nonresidential development according to a recycling plan provided by the developer/owner and subject to the approval of the director of planning and building.
c. Each recycling plan required above shall contain the following elements:

System Planning
i. Identification of materials to be recycled;
ii. Method of transport from interior work stations to final collection area; iii. Collection frequency of recycling service provider; iv. Information policy for tenants/occupants; and

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9 v. Point of contact/recycling project coordinator.

Space Planning
i. Floor plan designating work stations, as applicable; ii. Floor plan designating temporary internal collection areas, as applicable; iii. Site plan designating final exterior collection area.

Space Allocation
i. Amounts in cubic yards of materials that will be generated; ii. Amount of storage area required for each designated material to be recycled in addition to commingled nonrecyclable solid waste.

4. Additional Conditions, Waiver or Amendment of Standards. The decision-making body of a permit required by the San Bruno zoning ordinance San Bruno planning commission, or where appropriate or upon appeal, the San Bruno city council may impose additional standards, conditions or requirements to secure additional recycling, or to waive or amend the existing performance standards for recycling, either upon written request of the applicant, or upon any discretionary permit before either the planning commission or the city council. (Ord. 1898 § 3, 2021; Ord. 1784 § 2, 2010; Ord. 1524 § 1, 1991; Ord. 1410 § 1, 1982; prior code § 27-4.18)

12.84.190 Certificate of use conformance.

A. No use for which a business license is required shall be commenced in any district unless and until the planning community development director shall have issued a certificate of use compliance, indicating that either:

1. The proposed use is a permitted use in the district; or

2. The director commission has made a finding that the proposed use is similar in nature, function, or operation to one or more uses specifically permitted in this article; or

3. The use is a conditional use, and the commission has granted a conditional use permit has been granted and is effective for this use therefor.

B. An application for a certificate of conformance shall be filed by the proposed user with the planning community development director. Where the user is not the owner of the property, the application shall contain the written consent of the property owner or his or her authorized agent. The application shall be accompanied by a fee in an amount established by resolution of the city council. The application shall indicate the following information:

1. The name and address of the owner;

2. The name and address of the tenant, occupant, or lessee;

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9 3. The street address and county assessor’s parcel number of the lot on which the proposed business is to be conducted;

4. The specific nature of such business, with sufficient detail to enable the director to make one of the findings set forth in this section;

5. The proposed hours of the day and days of the week when the business will be open to the public.

If the commission decision-making body has made a finding or has granted a conditional use permit with respect to such use, the application shall indicate the date and nature of the action taken.

C. If the planning director The community development director shall issue the applicant a certificate of use conformance for the proposed use, indicating that such use conforms to the use regulations of the zoning ordinance at the proposed location, if the director determines that either:

1. The proposed use is a permitted use in the district; or

2. The commission decision-making body has made a finding that the proposed use is similar in nature, function, or operation to one or more uses specifically permitted in this article; or

3. The use is a conditional use, and a conditional use permit has been granted and is effective for the use. the commission has granted a conditional use permit therefor, he or she shall issue the applicant a certificate of use conformance for the proposed use, indicating that such use conforms to the use regulations of the zoning ordinance at the proposed location.

D. If a business within the district involves the storage of goods, wares, or merchandise on the premises, and the hours during which the business is open to the public is, on a regular basis, less than one-half of the number of hours per week indicated in the application for the certificate of use conformance, or substantially less than the normal and customary number of hours per week that a business of the same nature is open to the public, such fact shall constitute evidence that the business is, in fact, primarily a storage facility or is a warehouse. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-4.19)

12.84.210 Drinking places, and land uses with alcoholic beverage sales.

A. No application for a retail license for the on-site sale and consumption of alcoholic beverages shall be approved by the city of San Bruno without first securing a use permit through the San Bruno planning commission under Section 12.112 of the San Bruno zoning ordinance, except as exempted within the municipal code for restaurants with incidental sales as set forth in Section 12.80.408, liquor stores, private clubs and lodges, and special events (public and private).

B. The decision-making body shall not Neither the San Bruno planning commission, nor the San Bruno city council upon appeal, shall approve a use permit for a drinking place or other

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9 applicable land use with alcoholic beverage sales unless the activity or use conforms to all of the following performance standards:

1. The activity or use does not jeopardize, endanger or result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area;

2. The activity or use does not result in repeated nuisance activities or police interventions within the premises or in close proximity of the premises, including, but not limited to, criminal activities, disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests;

3. The activity or use does not result in violations to any applicable provision of any other city, state, or federal regulation, ordinance or statute;

4. The upkeep and operating characteristics of the activity or use are compatible with and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood;

5. The applicant for a liquor license receives a Letter of Public Convenience or Necessity, as set forth in Section 12.84.215, issued by the city of San Bruno for an application which would tend to create a law enforcement problem, or if issuance would result in or add to an “Undue Concentration” of licenses, required due to either of the following conditions:
a. The applicant premises are located in a crime reporting district that has a twenty percent greater number of reported crimes in a geographical area within the boundaries of the city than the average number of reported crimes as determined from all crime reporting districts within the jurisdiction of the San Bruno police department that are identified by the department in the compilation and maintenance of statistical information on reported crimes and arrests, b. The applicant premises are located in an area of undue concentration, which is defined to exist when an original application or premises-to-premises application is made for a retail on- sale license in a census tract where the ratio of existing on-sale retail licenses to population in the census tract exceeds or will exceed the ratio of retail on-sale licenses to population in San Mateo County.

C. In addition, the decision-making body the planning commission or city council, upon appeal, may impose such conditions as it deems necessary to secure the purposes of this section, including conditions with respect to location of the use or activity, construction, maintenance, operation, site planning, traffic control and time limits for the use permit for the protection of adjacent properties and the public interest. The commission or council decision- making body may require tangible guarantees or evidence that such conditions are being, or will be, complied with. (Ord. 1898 § 3, 2021; Ord. 1685 § 1.3, 2003)

12.84.215 Public convenience and necessity.

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9 A request for a determination of public convenience or necessity by an applicant for an Alcohol and Beverage Control license from the State of California may be acted on by the community development director, in consultation with the police chief, following payment of a fee established by the city council, except that if the business requires a use permit, the decision- making body of the use permit shall act on the public convenience and necessity finding.

12.84.220 Outdoor dining.

A. No person or business shall undertake or establish an outdoor dining use on private property outside of an enclosed structure without first securing an architectural review permit pursuant to Chapter 12.108, or for locations in a P-D district, a modification to a P-D permit pursuant to Chapter 12.96.190.L. A permit for outdoor dining may be issued for a designated outdoor area in off-street parking space areas or existing paved or solid surface areas on private property which do not provide off-street parking spaces.

B. Outdoor dining on private property shall comply with the following standards:

1. Designated outdoor dining areas shall be located within outdoor space contiguous to the business sponsor's tenant space unless authorized by the property owner to use other space contiguous to commercial structures or walkways immediately adjacent to enclosed structures.

2. Designated outdoor dining areas shall be located on an existing level, paved or solid surface area.

3. Designated outdoor dining areas on private property shall not make inaccessible or block more than two (2) off-street parking spaces or more than ten (10) percent of the total onsite parking spaces, whichever is greater.

4. Accessible parking space, accessible paths of travel, and electric vehicle charging stations shall not be blocked or become inaccessible from the establishment of the designated outdoor dining area.

5. Bollards or reinforced structures placed along the edge of travelways or parking areas for vehicular traffic to protect outdoor dining areas, to the satisfaction of the community development director. A minimum of 2-feet clear shall be provided between the bollards or reinforced structures and the edge of adjacent parking spaces.

C. If necessary for utility repair and maintenance, the permittee shall remove any structures, furniture or other improvements that interfere with the necessary repair and maintenance. The City shall provide reasonable notice of the repair and/or maintenance, when feasible. The permittee shall be responsible for any and all costs of removing, storing, and re-installing the structures, furniture and/or other improvements from the designated outdoor dining area.

D. In the case of an emergency, the City may remove the structures, furniture or other improvements from the designated outdoor dining area without prior notice to the permittee. The Permittee shall be responsible for any and all costs of removing, storing, and re-installing the structures, furniture and/or other improvements from the designated outdoor dining area.

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9 SECTION 60. Section 12.88.020 (Permits – Conversions) of Chapter 12.88 (Condominiums) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.88.020 Permits—Conversions.

A. Before the conversion of any existing structure to residential condominiums, community apartments, planned developments, or stock cooperatives, the developer, builder, or other person seeking to convert the existing structure shall first obtain from the planning commission a use permit for the conversion.

B. Such use permit shall be issued only:

1. Upon the approval of the decision-making body, planning commission, or the city council, on appeal, after it has been determined that such existing structures conform to the General Plan, all applicable zoning regulations, and to all the other city requirements, including the requirements of this chapter; and

2. Upon the issuance of a business license by the chief financial officer director of finance of the city based upon the payment of the prescribed condominium, community apartments, or stock cooperative tax.

C. Use permits shall be evaluated and processed pursuant to Chapter 12.112. No use permit for a conversion shall be granted unless the decision-making body planning commission, or the city council on appeal, finds that the granting of the application will not under the circumstances of the particular case, be detrimental to the health, safety, morals, or general welfare of the persons residing or working in the neighborhoods of the proposed project or conversion, or be injurious or detrimental to property and improvements in the neighborhood or to the general welfare of the city.

D. Condominium conversions shall comply with Title 11 of this code, and also require a subdivision tentative and final map pursuant to Title 11 of this code, and shall be subject to all applicable provisions of the Subdivision Map Act, Title 12, Article II of this code, and all other applicable state and local laws and ordinances. Provisions for notice, hearing, and appeal shall be as specified in Title 12, Article III, and Title 12, Article II of this code for conditional use permits and tentative maps, respectively, except as modified by the provisions of this chapter. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-5.2) SECTION 61. Paragraph D of Section 12.88.030 (Notice of Public Hearing – Transmittal of Staff Report to Tenants – Conversion Projects) of Chapter 12.88 (Condominiums) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

D. The applicant shall bear the cost of the notice to tenants and distribution of the staff report to the tenants. In addition to the notices that are required by Section 12.88.040, not later than thirty days prior to any public hearing on such conversion before the planning commission, the community and economic development director shall mail to each tenant a postage prepaid letter and return card. Said letter and return postcards shall be supplied and addressed by the

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9 applicant and approved as to form and content by the director. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-5.4)
SECTION 62. Paragraph I of Section 12.88.070 (Use Permit Application – Condominium Conversion) of Chapter 12.88 (Condominiums) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

I. A Housing and Tenant Relocation Report. Such report shall be prepared by a qualified consultant. The consultant shall be selected at the discretion of the community and economic development director. The cost of the report shall be borne by the applicant. The report shall contain the following information:

SECTION 63. Section 12.88.080 (Findings) of Chapter 12.88 (Condominiums) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.88.080 Findings.

In determining whether to approve conversion projects the decision-making body planning commission and the city council, on appeal, shall make the following findings:

A. The condominium conversion conforms to all provisions of this chapter, including all development standards required by Section 12.88.090 and to the General Plan.

B. Prior to approval of the final map, the applicant shall provide, or make adequate provisions to provide, all notices required by this chapter and by the Subdivision Map Act.

C. The condominium conversion will not be detrimental to public health, safety, or welfare. (Ord. 1898 § 3, 2021)
SECTION 64. Paragraph B of Section 12.88.090 of Chapter 12.88 (Condominiums) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

B. Access. All private streets, driveways and parking areas shall be improved and constructed with a structural design section in accordance with the standard specifications of the public works department of the city. They shall be designed and maintained to ensure insure access for municipal services to any dwelling unit therein.

SECTION 65. Paragraph E of Section 12.88.140 (Rental Increase) of Chapter 12.88 (Condominiums) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

E. In the event of a proposed increase in the rent, the applicant shall submit to the planning community development director a statement describing the proposed increase and its relation to the rental rate at the time of filing the application for conversion and the relation of the proposed increase to the residential rate component of the Bay Area consumer price index. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-5.21)

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9 SECTION 66. Paragraph A of Section 12.88.150 (Conversion Schedule) of Chapter

12.88 (Condominiums) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

A. For any project involving more than twenty units, the decision-making body planning commission, or the city council on appeal, may require that the sale of condominium, stock cooperative, or community apartment units or interests be phased or limited to a specified number of units or interests within the specified time periods. Such phasing or timing shall be based upon the ability of the applicant to implement tenant relocation programs, as specified in the housing and tenant relocation impact report and shall consider phasing proposals or programs proposed by the applicant.

SECTION 67. Section 12.90.040 of Chapter 12.90 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.90.040 Permitting procedures.

Within sixty days of receipt of a complete building permit application, the community and economic development department staff shall ministerially process for approval any application for an ADU or JADU permit pursuant to this chapter. Incomplete applications will be returned with an explanation of what additional information is required. Upon finding that the ADU or JADU meets the requirements of this chapter, the application shall be approved ministerially without discretionary review or public hearing and the applicant may proceed to acquire a building permit. Review and approval of all ADUs and JADUs is ministerial, and CEQA does not apply to ministerial permits. Prior to obtaining a building permit, submission of a completed, signed deed restriction is required, as described by Section 12.90.060. (Ord. 1898 § 3, 2021) SECTION 68. Chapter 12.92 (Nonconforming Lots, Structures and Uses) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.92 NONCONFORMING LOTS, STRUCTURES AND USES

12.92.010 Intent and applicability.

A. Intent. The purpose of this chapter is to provide for lots, uses and structures which are, or become, nonconforming with the standards of this code, to specify the conditions under which nonconformities may continue, and to regulate this expansion.

B. Applicability. The provisions of this chapter shall apply to all lots, uses and structures which do not meet the standards of the current zoning regulations and, as such, are nonconforming. The lawful use of a building, structure, or land refers to any use conforming to the zoning regulations of the city which were in force when such use was commenced.

C. Buildings and Uses in Violation of Other Zoning Laws. The provisions of this chapter shall not apply to any use or structures established in violation of any zoning regulation previously in effect, whether in the city, the county or such other governmental agency having

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9 the jurisdiction to enact and enforce zoning laws. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020; Ord. 1410 § 1, 1982; prior code § 27-6.1)

12.92.020 Continuance of nonconformities.

The lawful use of land or structures which existed on January 13, 1962 may continue, although such use does not conform to the regulations specified for the district in which the use is located. The following shall apply:

A. Nonconforming Uses of Land. All uses which are not listed as permitted in the district in which such use is being conducted and all uses which, if presently initiated, would require a conditional use permit but which do not have such a use permit in force, shall be deemed nonconforming uses. Such uses shall be deemed lawful nonconforming uses if they comply with all laws in existence at the time the use commenced, and the following provisions apply:

1. No nonconforming use shall be expanded.

2. No nonconforming use may be changed to a different nonconforming use.

3. If a nonconforming use is discontinued for a period of six months, such nonconforming use shall not be reestablished. However, if cessation of the building, use, or operations within are caused by circumstances over which the owner has no fault or control (such as the default or bankruptcy of a tenant or injunctive order of a court), the time limits of this section may be extended. Applications for such extensions shall be made to the community development director commission in writing before the expiration of the six-month period. a. Coronavirus Pandemic Extension. If a nonconforming use has been discontinued between January 1, 2020 and May 1, 2021, the six-month period in subsection (A)(1) above shall be tolled and shall not begin to run until May 1, 2021.

B. Nonconforming Uses of Conforming Structures.

1. The lawful nonconforming use of a conforming structure may be continued when such use does not conform to the regulations set forth in the current zoning district in which the structure is located.

2. A nonconforming use may not be extended to occupy a greater area within any conforming structure than the area currently occupied.

3. The nonconforming use of a conforming structure may be changed to a use of a similar or more conforming nature, provided a conditional use permit shall first be obtained.

4. If such nonconforming use ceases for a continuous period of six months, the subsequent use of such conforming structures shall be in conformity with the zoning regulations and General Plan designations for the district in which said building is located. The extension made available by subsection (A)(3)(a) shall also apply to nonconforming uses of conforming structures.

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9 5. A nonconforming use damaged by fire, flood, earthquake, or other disaster, to an extent of more than fifty percent of the value of the building, may be restored subject to obtaining a use permit. The monetary extent of the damage shall be determined by a certified real estate appraiser hired by the property owner and approved by the planning community development director. Where the damage, as described above, to a building or structure housing a nonconforming use does not exceed fifty percent, such building or structure may be restored to a total floor area not exceeding that of the former building or structure, and the nonconforming use may be reestablished.

C. Nonconforming Structures. All structures, including, but not limited to, main buildings, accessory buildings, walls, fences, which do not meet the setback standards set forth in the development regulations for the district within which the structure is located and any residential structure in a commercial or industrial district shall be deemed nonconforming but lawful, and the following provisions shall apply:

1. No physical change, enlargement, extension or remodeling which increases the extent of nonconformity shall be made without first securing a conditional use permit.

2. A physical change, enlargement, or extension or remodeling that does not increase the nonconformity may be made, as with a conforming structure, by securing the required building permits. The decision that the structural alteration will (or will not) increase the nonconformity shall be made in the plan check process by the planning community development director or designee, with no additional fee. Decisions may be appealed to the commission as set forth in Chapter 12.78at no charge.

3. A nonconforming structure, damaged by fire, explosion, flood, earthquake or other act, to an extent of more than fifty percent of the market value as determined by a certified real estate appraiser hired by the property owner and approved by the planning community development director, may be restored subject to obtaining a use permit.

4. Where the damage, as described in subsection (C)(3), to a nonconforming structure does not extend fifty percent, such building may be restored to a total floor area not exceeding that of a former structure. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020; Ord. 1410 § 1, 1982; prior code § 27-6.2)

12.92.030 Excess housekeeping units in residential districts.

A. Excess Housekeeping Units Deemed to Be Nonconforming Uses.

1. A single excess housekeeping unit on a residential lot shall be deemed to be a legal nonconforming use of a building or structure under the following conditions and subject to the limitations of this section:
a. The unit was built, constructed, or added prior to June 30, 1977; b. The unit is in compliance with the provisions of this code, other than zoning regulations, which were in force when the unit was built, constructed, or added; c. The unit does not constitute a public nuisance, as defined in Title 5 of this code.

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9 2. In any action, proceeding or determination as to whether a unit was built, constructed, or added prior to June 30, 1977, the burden of proof shall be upon the property owner, occupant or other persons asserting the legal nonconforming status of the unit.

3. The owner or occupant of any excess housekeeping unit, or the authorized agent of such person, may apply to the planning community development director for a written determination as to whether such unit constitutes a legal nonconforming use under subsection (A)(1). The applicant shall pay an application fee as prescribed by resolution of the city council and shall provide the director with such information as the director may require. If the director determines that the unit constitutes a legal nonconforming use, the director he or she shall so advise the applicant in writing and shall maintain a copy of such written determination within the records of the department of planning and building. The determination of the director shall be subject to appeal to the city manager planning commission as set forth in Chapter 12.78by the filing of a written notice of appeal and paying the required fee within seven days after the date of determination.

B. Alterations or Modifications of Excess Housekeeping Unit. Ordinary maintenance and repairs may be made to excess housekeeping units. Structural alterations shall be permitted only if they do not increase the floor area of the unit.

C. Excess Housekeeping Units Otherwise Prohibited.

1. Except as permitted in this section, the alteration or maintenance of any existing excess housekeeping unit is a violation of this chapter.

2. Not more than one excess housekeeping unit shall be permitted on any residential lot under any circumstances.

3. The setting up, construction, or conversion of any housekeeping unit or of any dwelling or portion thereof as an excess housekeeping unit is in violation of this chapter.

D. Basis of Restrictions and Limitations. The foregoing restrictions and limitations upon establishment of additional excess housekeeping units are based upon the following findings:

1. In adopting this section, the city has done much to promote the full use of housing facilities within existing buildings and structures.

2. Many of the streets within residential districts in the city are narrow and do not conform to present street width standards. As a result, parking and traffic circulation are congested, and the addition of second residential units in these areas would exacerbate the condition.

3. Many of the residential parcels in the city are two thousand five hundred square feet in size and do not meet minimum lot size standards. Many of the parcels were developed without required garages or with minimal garage space, and do not comply with existing off-street parking requirements. These are often inadequate to provide adequate parking for their occupants, and result in further congestion of the streets. The addition of second residential units in these areas would only worsen this congestion.

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9 4. The existing sanitary sewer system is over capacity and cannot handle sewage from additional dwelling units which might result from the authorization of second residential units on single-family lots.

5. The existing city water system is not of sufficient size to handle such additional dwelling units.

6. It would be detrimental to the public safety and welfare of the community if additional second units were allowed beyond those authorized by existing ordinance.

It is hereby acknowledged that the provisions of this subsection may limit housing opportunities of the region. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020; Ord. 1421 § 1, 1983; Ord. 1410 § 1, 1982; prior code § 27-6.3)

12.92.040 Building site—Substandard lot.

A. A substandard lot may be used as a building site pursuant to the provisions of this section.

B. A substandard lot in an R-1, R-2, R-3, or R-4 zoning district may be used for one single- family residence as a permitted use. Development regulations for new construction on substandard lots in these districts are set forth in Chapter 12.96 and 12.200. The setback limitations set forth in subsection (C)(2) of this section shall be applicable.

C. The planning commission may issue conditional use permits for development of substandard lots in accordance with this chapter in R-2, R-3, and R-4 districts, subject to the following limitations:

1. No such use permit shall be issued for a density exceeding one dwelling unit for each one thousand two hundred fifty square feet of land area in the R-2, R-3, and R-4 districts.

2. Each residence shall be constructed so as to provide setbacks of at least ten percent of the width of the lot, but in no case less than three feet; providing that the architectural review committee may authorize a lesser setback on the interior lot line when such building site abuts a developed building site which has a structure with no openings siding on such lot.

CD. In the C-1/C-2/CC districts that allow commercial uses:

1. A substandard lot may be used as a building site if its area is two thousand square feet or more.

2. The maximum lot coverage by buildings on such lot, subject to all other requirements, shall not exceed eighty percent.

DE. In M-1 districts:

1. A substandard lot may be used as a building site if its area is two thousand five hundred square feet or more.

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9 2. The maximum lot coverage by buildings on such a lot shall not exceed the following:

Area of Building Site Maximum Lot Coverage
2,500 sq. ft. or more but less than 5,000 sq. ft. 80%
5,000 sq. ft. or more but less than 7,500 sq. ft. 70%
7,500 sq. ft. or more 60%

EF. Where a parcel of land does not qualify as a substandard lot as defined in Section 12.80.290(8) because since January 13, 1962, such parcel and adjoining land were of one record ownership so as to create a standard building site, such parcel may be used alone as a separate building site if the planning community development director finds that the adjoining land is of sufficient size and width so as to constitute a standard building site by itself. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020)
SECTION 69. Chapter 12.96 (Establishment of Districts) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.96 ESTABLISHMENT OF DISTRICTS

12.96.010 Established.

The districts established by the provisions of this article are designated as follows:

12.96.060
R-1 Single-family residential district

12.96.070 R-2 Low density residential district

12.96.080 R-3 Medium density residential district

12.96.090 R-4 High density residential district

12.96.100 C-N Neighborhood commercial district

12.96.130 A-R Administrative and research district

12.96.150 M-1 Industrial district

12.96.170 O Open space and conservation district

12.96.180 U Unclassified district

12.96.200 P-D Planned development district

12.96.205 ES Emergency shelter overlay district

12.280.010.A CBD Central Business District

12.280.010.B TOD-S TOD-Station Office

12.280.010.C TOD-1 Medium Density Mixed-Use

12.280.010.D TOD-2 High Density Mixed-Use

12.280.010.E MX-R Multi-Use – Residential Focus

12.280.010.F CC Civic Center

12.190.020.A BRO Bayhill Regional Office Zoning District

12.190.020.B BNC Bayhill Neighborhood Commercial Zoning District

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9 12.190.020.C BR Bayhill Residential Overlay Zoning District

12.190.020.D BMU Bayhill Mixed-Use Overlay Zoning District R-1/R-1-D Single-family residential district
R-2 Low density residential district
R-3 Medium density residential district
R-4 High density residential district
C-N Neighborhood commercial district
C-1/C-2/C-3 General commercial district
A-R Administrative and research district
C-O Community office district
LC Limited commercial combining district
M-1 Industrial district
O Open space and conservation district
U Unclassified district
P-D Planned development district
ES Emergency shelter overlay district
(Ord. 1898 § 3, 2021; Ord. 1832 § 2, 2015; Ord. 1792 § 1, 2010; Ord. 1410 § 1, 1982; prior code § 27-7.1)

12.96.020 Zoning map.

The designations, locations and boundaries of the districts established are delineated upon the zoning map for the city of San Bruno, California, as amended, which map and all notations and information thereon are made a part of this article. Any land within city limits, now or in the future, not designated or indicated as any district on the zoning map shall be immediately zoned pursuant to the General Plan of the city.

The zoning map, for convenience, may be divided into section maps. Each such section map may be separately referred to or amended for the purposes of amending the zoning map. The zoning map and each of its section maps, and the notations, references and other information shown thereon, shall be as much a part of this article as if the matters and information set forth by such maps were all fully described in this article. (Ord. 1898 § 3, 2021; Ord. 1469 § 1, 1986; Ord. 1464 § 1, 1986; Ord. 1459 § 1, 1985; Ord. 1458 § 1, 1985; Ord. 1457 § 1, 1985; Ord. 1449 § 1, 1985; Ord. 1440 § 1, 1984; Ord. 1410 § 1, 1982; prior code § 27-7.2)

12.96.030 Unclassified land.

Any land, within the city limits, now or in the future, not otherwise classified on the zoning map shall be classified in the U unclassified district. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-7.3)

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9 12.96.040 Determination of boundaries.

Where the exact boundaries of a district cannot be readily or exactly ascertained by reference to the zoning map of the city of San Bruno, the boundary shall be deemed to be along the nearest street or lot line, as the case may be. If a district boundary line divides or splits a lot, the lot shall be deemed to be included within the district which is the more restrictive, except in the case of acreage, where the boundary shall be determined by measurement on the zoning map. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-7.4)

12.96.050 Change in boundaries.

Changes in boundaries of districts shall be made by ordinance in the manner provided in Chapter 12.136, said ordinance describing the area to be changed by lot and block number, or with a metes and bounds legal description. After adoption of any ordinance changing the boundaries of any district, the planning community development director shall mark the zoning map to show the number and date of the adoption of the ordinance making such change. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-7.5)

12.96.060 R-1 and R-1-D single-family residential districts.

A. Purpose. To encourage the development of low density residential uses. This type of density is usually associated with single-family structures. However, uses related to single- family residences, such as schools, places of worship, and child care centers may be permitted in the R-1 and R-1-D districts by use permit or by planned unit permit under Chapter 12.116.

Innovation in development of clustered housing, open space, and other amenities which make for a more desirable living environment.

B. Permitted Uses. The following uses are permitted in the R-1 and R-1-D districts:

1. Single-family homes and accessory structures and uses

2. Accessory dwelling units and junior accessory dwelling units, as set forth in Chapter

12.90;

3. Small and large home day care;

4. Residential care facilities;.

5. Parks, recreational facilities, and trails, that are owned, operated, and maintained by a public agency.

C. Conditional Uses. Conditional uses allowed in the R-1 and R-1-D districts, subject to obtaining a use permit pursuant to Chapter 12.112, are as follows:

1. Places of worship and schools;

2. Parks, and recreational facilities, and trails, that are owned, operated, or maintained by a private entity;

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9 3. Landscaped public or private parking lots when adjacent to any C district that allows commercial uses;

4. Mobile home parks.;

5. Crop and tree farming.

D. Development Regulations. As set forth in Section 12.200.040. Development regulations in the R-1 and R-1-D districts are as follows:

1. Minimum Site Area. Five thousand square feet, interior lots; six thousand square feet, corner lots.

2. Minimum Lot Width. Fifty feet, except sixty feet on corner side of corner lot.

3. Maximum Coverage by Structures. Varies, lot coverage of 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.

4. Maximum Coverage by Impervious Surface—Total Lot Area. Eighty percent; 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, except the community development director may approve a higher maximum for substandard lots.

5. 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).

6. 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 feet
L = summation of length of contour lines in feet
A = area in square feet of parcel being considered
AS = average percent slope of site

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9 7. 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 ratio 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
19,000 0.49
19,500 0.48

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9 Lot Size (sq. ft.) Adjustment Factor
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

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Average Slope (percent) Floor Area Ratio (FAR)
42 0.397
43 0.392
44 0.387
45 0.383
>45 0.383

A conditional use permit shall be required whenever the permitted limitations for lot coverage or floor area are exceeded.
a. Minimum front yard: fifteen feet.*
b. Minimum side yard: five feet.*
c. Minimum rear yard: ten feet.
* Exceptions:

1. Minimum setback from sidewalk to a garage shall be twenty feet.

2. Minimum side yard for corner lots shall be ten feet.

8. Other Regulations.
a. Maximum height of structures shall be as follows or a conditional use permit must be secured:
i. Twenty-eight feet for lots with an average slope of less than twenty percent which 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
ii. Twenty-six feet for downsloping lots (from front to rear) with an average slope of twenty percent or more; or
iii. Thirty feet for upsloping lots (from front to rear) with an average slope of twenty percent or more.
b. In the case of conditional uses, additional regulations may be required. c. Additions. Expansions, remodeling, alterations, or enlarging which would result in an increase in the gross floor area by more than fifty percent would require a conditional use permit.
d. Second Story Front Decks. Conditional use permits are required for second story front decks which would:

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i. Have an area larger than seventy-two square feet; or ii. Have a front depth greater than six feet; or
iii. Not be set back at least eighteen inches from the face of the first floor of the house, or which would not provide a solid vertical surface around the bottom eighteen inches of the deck. e. Second Story Windows. Conditional use permits are required for 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.
f. Third Stories. Conditional use permits are required for third stories, where any part of the three stories lie within the same vertical plane. This provision applies whether the third story is created for a new home or for an addition to an existing home. g. Architectural Review Permits Required. All structures requiring a use permit by the provisions of the section 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. 1898 § 3, 2021; Ord. 1877A § 3, 2020; Ord. 1845 § 5, 2017; Ord. 1784 § 2, 2010; Ord. 1520 § 3, 1990; Ord. 1433 § 1, 1984; Ord. 1410 § 1, 1982; prior code § 27-7.6)

12.96.070 R-2 low density residential district.

A. Purpose. To encourage the development of single-family and two-family dwellings and low density apartments; and to permit related uses such as places of worship, schools, and child care center.

B. Permitted Uses. The following uses are permitted in the R-2 district:

1. Single-family homes and accessory structures and uses;

2. Duplex homes;

3. Accessory dwelling units, as set forth in Chapter 12.90;

4. Small and large home day care;

5. Residential care facilities;.

6. Parks, recreational facilities, and trails, that are owned, operated, and maintained by a public agency.

C. Conditional Uses. Conditional uses allowed in the R-2 district, subject to obtaining a use permit pursuant to Chapter 12.112, are as follows:

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1. Multifamily homes.

2. Conditional uses permitted in the R-1 district, as set forth in Sepction 12.96.060.C.

Landscaped public or private parking lots when adjacent to any C district.

D. Development Regulations. As set forth in Section 12.200.040. Development regulations in the R-2 district are as follows:

1. Minimum Building Site Required. Five thousand square feet, except corner lots which shall be six thousand square feet.

2. Minimum Lot Area Per Dwelling Unit. Two thousand nine hundred square feet.

3. Minimum Lot Width. Fifty feet, except corner lots which shall be sixty feet.

4. Required Minimum Setbacks.*
a. Front: fifteen feet;
b. Side: ten feet;
c. Street side: five feet;
d. Interior sides: ten feet;
e. Rear: ten feet.
* Exceptions:

1. Minimum setback from sidewalk to a garage shall be twenty feet.

2. Minimum side yard for corner lots shall be ten feet.

5. Maximum Coverage by All Structures. Varies, lot coverage of structures in the R-2 residential districts shall not exceed the total floor area allowed (see Chart 1 and Chart 2 above under regulations for R-1 and R-1-D).

6. Maximum Coverage by Impervious Surface. Total lot area: Eighty-five percent; 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, except the community development director may approve a higher maximum for substandard lots.

7. Maximum allowable height of structures shall be as follows or a conditional use permit shall be secured:
a. Twenty-eight feet for lots with an average slope of less than twenty percent which 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

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b. Twenty-six feet for downsloping lots (from front to rear) with an average slope of twenty percent or more; or
c. Thirty feet for upsloping lots (from front to rear) with an average slope of twenty percent or more.

8. In the case of conditional uses, additional regulations may be required.

9. Additions. Expansions, remodeling, alteration, enlarging, or a detached addition to an existing single-family or two-family residential structure which would result in an increase in the gross floor area by more than fifty percent would require a conditional use permit.

10. Architectural Review Permit. As set forth in Chapter 12.108 and as follows: All structures requiring a use permit by the provisions of the section 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.

11. Second Story Front Decks. Conditional use permits are required for second story front decks which would:
a. Have an area larger than seventy-two square feet; or b. Have a front depth greater than six feet; or
c. Not be set back at least eighteen inches from the face of the first floor of the house, or which would not provide a solid vertical surface around the bottom eighteen inches of the deck.

12. Second Story Windows. Conditional use permits are required for 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.

13. Third Stories. Conditional use permits are required for third stories, where any part of the three stories lie within the same vertical plane. This provision applies whether the third story is created for a new home or for an addition to an existing home. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020; Ord. 1845 § 5, 2017; Ord. 1784 § 2, 2010; Ord. 1520 § 3, 1990; Ord. 1410 § 1, 1982; prior code § 27-7.7)

12.96.080 R-3 medium density residential district.

A. Purpose. To encourage the development of medium density residential multifamily structures such as duplexes, triplexes, apartments and condominiums and ancillary uses, such as roominghouses and boardinghouses, sanitariums and rest homes.

B. Permitted Uses. The following uses are permitted in the R-3 district:

1. Single-family homes and duplexes and accessory structures;

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2. Multifamily homes;

3. Accessory dwelling units, as set forth in Chapter 12.90;

4. Small and large home day care;

5. Residential care facilities;.

6. Parks, recreational facilities, and trails, that are owned, operated, and maintained by a public agency.

C. Conditional Uses. Conditional uses allowed in the R-3 district, subject to obtaining a use permit pursuant to Chapter 12.112, are as follows:

1. Conditional uses permitted in the R-1 district, as set forth in Section 12.96.060.C;

2. Roominghouses, boardinghouses;

3. Nursing and convalescent homes.;

4. Landscape public or private parking lots when adjacent to any C district.

D. Development Regulations. Development regulations in the R-3 district are as follows:

1. Minimum Building Site Required. Five thousand square feet, except corner lots which shall be six thousand square feet.

2. Minimum Lot Area Per Dwelling Unit. One thousand nine hundred fifty square feet.

3. Minimum Lot Dimensions. Fifty-foot width, except corner lots which shall be sixty feet.

4. Required Minimum Setbacks.*
a. Front: fifteen feet, except the minimum setback 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. 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;
b. Side: ten feet;
1c. Street side: five feet;
2d. Interior sides: ten feet;
ce. Rear: ten feet.

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* Exceptions:

1. Minimum setback from sidewalk to a garage shall be twenty feet;

2. Minimum side yard for corner lots shall be ten feet.

5. Minimum Usable Open Space. Four hundred square feet per unit.

6. Maximum Coverage by All Structures. Sixty percent.

7. Maximum Coverage by Impervious Materials. Eighty-five percent.

8. Maximum Allowable Height. Fifty feet or three stories, whichever is more restrictive.

9. In the case of conditional uses, additional regulations may be required.

10. Substandard lots. Substandard lots that were legally established are subject to the following:
a. A substandard lot may be used as a building site for one single-family residence as a permitted use.
b. 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.
c. The width of a 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.

11. General provisions, conditions and exceptions. As set forth in Chapter 12.84. 1210. Parking. As set forth in Chapter 12.100.
1311. Architectural Review Permit. As set forth in Chapter 12.108. (Ord. 1898 § 3, 2021; Ord. 1845 § 5, 2017; Ord. 1520 § 3, 1990; Ord. 1433 § 1, 1984; Ord. 1410 § 1, 1982; prior code § 27-7.8)

12.96.090 R-4 high density residential district.

A. Purpose. To encourage the development of high density residential multifamily structures such as apartments and condominiums and to allow for other uses such as roominghouses and boardinghouses, sanitariums and rest homes.

B. Permitted Uses. The following uses are permitted in the R-4 district:

1. Single-family homes and duplexes;

2. Multifamily homes;

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3. Accessory structures and uses;

4. Accessory dwelling units;

5. Small and large home day care;

6. Residential care facilities.

C. Conditional Uses. Conditional uses allowed in the R-4 district, subject to obtaining a use permit pursuant to Chapter 12.112, are as follows:

1. Conditional uses permitted in the R-1 district, as set forth in Section 12.96.060.C;

2. Boardinghouses;

3. Nursing and convalescent homes;

4. Hospitals;.

5. Landscape public or private parking lots when adjacent to any C district.

D. Development Regulations. Development regulations in the R-4 district are as follows:

1. Minimum Building Site Required. Five thousand square feet, except corner lots which shall be six thousand square feet.

2. Minimum Lot Area Per Dwelling Unit. One thousand four hundred fifty square feet.

3. Minimum Lot Dimensions. Fifty-foot width, except corner lot which shall be sixty feet.

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* Exceptions:

1. Minimum setback from sidewalk to a garage shall be twenty feet;

2. Minimum side yard for corner lots shall be ten feet.

5. Minimum Usable Open Space. Two hundred square feet per unit.

6. Maximum Coverage by All Structures. Sixty percent.

7. Maximum Coverage by Impervious Materials. Eighty-five percent.

8. Maximum Allowable Height. Fifty feet or three stories, whichever is more restrictive.

9. Minimum Landscaping. As set forth in Chapter 12.84.

10. In the case of conditional uses, additional regulations may be required.

11. Substandard lots. Substandard lots that were legally established are subject to the following:
a. A substandard lot may be used as a building site for one single-family residence as a permitted use.
b. 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.
c. The width of an 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.

12. General provisions, conditions and exceptions. As set forth in Chapter 12.84. 1311. Parking. As set forth in Chapter 12.100.
1412. Architectural Review Permit. As set forth in Chapter 12.108. (Ord. 1898 § 3, 2021; Ord. 1845 § 5, 2017; Ord. 1520 § 3, 1990; Ord. 1433 § 1, 1984; Ord. 1410 § 1, 1982; prior code § 27-7.9)

12.96.100 C-N neighborhood commercial district.

A. Purpose. To serve the limited market area of a specific neighborhood by providing for such uses as apparel and accessory stores, food stores, personal and professional services.

B. Permitted Uses. The following uses, conducted entirely within an enclosed structure, are permitted in the C-N district:

1. Apparel and accessory stores;*

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2. Food stores;*

3. Restaurant and food services without alcoholic beverage sales except drive-in eating places;

4. Miscellaneous retail, except non-store retailers and fuel and ice dealers;*

5. Finance, insurance and real estate offices;*

6. Personal services, except laundry, cleaning and garment services, funeral services and crematories, miscellaneous personal services but including garment pressing and agents for laundries and dry cleaners;*

7. Any other use which the community development director planning commission finds is similar in nature, function or operation to the listed permitted uses.

C. Conditional Uses. Conditional uses allowed in the C-N district, subject to obtaining a use permit pursuant to Chapter 12.112, are as follows:

1. Drive-through facilities, except that planning commission approval is required for such businesses;

2. Gas and service stations;

3. Medical and professional offices;

4. Household goods warehousing and storage,* where the community development director planning commission finds that the lot on which the user is proposed:
a. Is not physically suitable for the permitted or other conditional uses in the district, due to seismic conditions, and/or
b. Is such that the establishment of permitted or other conditional uses in the district are not economically feasible in terms of return on investment, as shown by an economic analysis submitted by the applicant and proposed by a qualified economist where an application for a conditional use permit for such use was ending on January 14, 1985;

5. Restaurant and food services with alcoholic beverage sales;

6. Adult businesses and massage establishments if the site abuts El Camino Real, as set forth by Section 12.84.040, except that planning commission approval is required for such businesses;

76. Any use which the community development director planning commission finds is similar in nature, function or operation to the listed conditional uses.

D. Temporary Uses. Temporary uses allowed in the C-N district, subject to obtaining a temporary use permit as defined in Section 12.84.030, are as follows:

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1. Sales of holiday trees and holiday accessories between November 1st and December 31st of each year;

2. Sales of pumpkins during the month of October each year;

3. Off-site construction staging areas;

5. Any use that the community development director finds is similar in nature, function, or operation to the listed temporary, conditional, or permitted uses.

E. Development Regulations. Development regulations in the C-N district are as follows:

1. Minimum Building Site Required. Five thousand square feet; except corner lots, which shall be six thousand square feet.

2. Minimum Lot Dimensions. Fifty-foot width, except corner lots which shall be sixty feet.

3. Required Minimum Setbacks.
a. Front: fifteen feet;
b. Side street side of corner lot: ten feet;
c. Interior side: zero, except ten feet adjacent to an R district; d. Rear: zero, except ten feet when adjacent to an R district.

4. Maximum Allowable Height. Thirty-five feet.

5. Maximum Coverage by All Structures. Sixty percent.

6. Maximum Coverage by Impervious Material. Ninety percent.

7. Minimum Landscaping. As set forth in Chapter 12.84.

8. In the case of conditional uses, additional regulations may be required.

9. General provisions, conditions and exceptions. As set forth in Chapter 12.84. 109. Parking. As set forth in Chapter 12.100.
1110. Architectural Review Permit. As set forth in Chapter 12.108. * Term is elaborated in Standard Industrial Classification Manual.

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(Ord. 1898 § 3, 2021; Ord. 1730 § 4, 2007; Ord. 1685 § 1.4, 2003; Ord. 1453 § 1, 1985; Ord. 1428 § 1, 1984; Ord. 1410 § 1, 1982; prior code § 27-7.10)

12.96.110 C-1, C-2, and C-C general commercial districts.

A. Purpose. These districts are intended to serve the market area of the whole community.

They generally encompass retail stores, food stores, personal and professional services, professional and administrative offices, furniture stores, newspapers and printing plants, and motion picture theaters. Auto related uses are conditional uses within the district.

B. Permitted Uses. The following uses, conducted entirely within an enclosed structure and provided there is an architectural review permit, are permitted in the C-1, C-2, and C-C districts:

1. All permitted uses in the C-N district;

2. Personal services;*

3. Retail sales and services,* except adult businesses;

4. Offices;

5. Restaurant and food services without alcoholic beverage sales;

6. Furniture, home furnishings and equipment stores;*

7. Business services, except equipment renting and leasing;*

8. Newspaper, printing and lithography plants;

9. Motion picture theaters, except drive-through facilities and adult businesses;

10. Miscellaneous services;*

11. Adult businesses and massage establishments; subject to the provisions set forth in Chapter 12.84;

12. Places of worship which were constructed prior to December 1961, provided that such facilities shall be governed by the development regulations set forth in Section 12.96.060(D);

13. Any other use which the planning commission finds is similar in nature, function, or operations to the listed permitted uses.

C. Conditional Uses. Conditional uses, conducted entirely within an enclosed structure, allowed in the C-1, C-2, C-C districts, subject to obtaining a use permit and an architectural review permit, are as follows:

1. Sales of used merchandise within a building:

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2. Drive-through facilities;

3. Small animal hospitals or clinics;

4. Hotels and motels;

5. Outdoor sales;

6. Gas and service stations;

7. Self-service car washes and automatic car washes;

8. Vehicle sales and rental, auto and home supply stores, boat dealers, recreational and utility trailer dealers, motorcycle dealers;*

9. Equipment rental and leasing;*

10. Vehicle repair and maintenance;

11. Commercial recreation and entertainment;

12. Gaming clubs; subject to the provisions set forth in Chapter 12.84;

13. Amusement game centers, subject to the provisions set forth in Chapter 12.84;

14. Household goods warehousing and storage,* where the planning commission finds that the lot on which the user is proposed:
a. Is not physically suitable for the permitted or other conditional uses in the district, due to seismic conditions, and/or
b. Is such that the establishment of permitted or other conditional uses in the district are not economically feasible in terms of return on investment, as shown by an economic analysis submitted by the applicant and proposed by a qualified economist where an application for a conditional use permit for such use was ending on January 14, 1985;

15. Bars, nightclubs, and lounges;

16. Restaurant and food services with alcoholic beverage sales;

17. Any use which the planning commission finds is similar in nature, function or operation to the listed conditional uses.

D. Temporary Uses. Temporary uses allowed in the C-1, C-2, and C-C district, subject to obtaining a temporary use permit as defined in Section 12.84.030, are as follows:

1. Sales of holiday trees and holiday accessories between November 1st and December 31st of each year;

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2. Sales of pumpkins during the month of October each year;

3. Off-site construction staging areas;

5. Any use that the community development director finds is similar in nature, function, or operation to the listed temporary, conditional, or permitted uses.

E. Development Regulations. Development regulations in the C-1, C-2 and C-C districts are as follows:

1. Minimum lot dimensions: Fifty-foot width, except corner lots which shall be sixty feet.

2. Required minimum setbacks: None.

3. Maximum coverage by all structures: Eighty percent.

4. Maximum allowable height: Fifty feet or three stories, whichever is more restrictive.

5. Conditional uses may require additional regulations.

6. Parking: As set forth in Chapter 12.100.

7. Architectural review permit: As set forth in Chapter 12.108. * Term is elaborated in Standard Industrial Classification Manual. (Ord. 1898 § 3, 2021; Ord. 1828 § 2, 2014; Ord. 1730 § 4, 2007; Ord. 1685 § 1.6, 2003; Ord. 1520 § 3, 1990; Ord. 1476 § 7, 1987; Ord. 1453 § 2, 1985; Ord. 1450 § 1, 1985; Ord. 1428 § 2, 1984; Ord. 1410 § 1, 1982; prior code § 27-7.11)

12.96.130 A-R administrative and research district.

A. Purpose. To establish high quality light industrial areas, research facilities, large scale administrative offices, and professional and medical offices in addition to ancillary personal service and business uses along the West San Bruno Avenue corridor.

B. Permitted Uses. The following uses, conducted entirely within an enclosed structure and provided there is an architectural review permit, are permitted in the A-R district:

1. Printing, publishing, and allied industries;*

2. Manufacturing of electrical and electronic machinery, equipment, and supplies;*

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3. Manufacturing of measuring, analyzing, and controlling instruments; photographic, medical and optical goods; watches and clocks;*

4. Business services, except services to buildings;*

5. Research and development;

6. Offices;

7. Uses appurtenant to the above uses;

8. Printing/copy services and personal services, including beauty salons, barbershops, skin care and facial salons, limited to the south side of West San Bruno Avenue.

C. Conditional Uses. Conditional uses allowed in the A-R district, subject to obtaining a use permit pursuant to Chapter 12.112, are as follows:

1. Those uses specified in Chapter 12.84;

2. Car rental services, limited to the south side of West San Bruno Avenue;

13. Any other office/commercial use which the community development director planning commission finds to be similar in nature, function, or operation to one or more uses specifically permitted in this district pursuant to this section;

4. Places of worship, limited to the south side of San Bruno Avenue West.

D. Development Regulations. Development regulations in the A-R district are as follows:

1. Minimum building site required: One acre.

2. Minimum lot dimensions: One hundred feet.

3. Required minimum setbacks: Front: forty feet, plus one foot for each foot of building height above twenty-five feet; exterior side: same as front; interior side: twenty-five feet, except forty-five feet when adjacent to a residential district; rear: same as interior side.

4. Maximum coverage by all structures: Forty percent.

5. Maximum coverage by impervious material: Eighty percent.

6. Maximum allowable height: Forty feet.

7. Minimum landscaping: As set forth in Chapter 12.84.

8. In the case of conditional uses, additional regulations may be required.

9. General provisions, conditions and exceptions: As set forth in Chapter 12.84.

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109. Parking: As set forth in Chapter 12.100.

11. Signage: As set forth in Chapter 12.205.
1210. Architectural review permit: As set forth in Chapter 12.108. 1311. Printing/copy services and personal services, including beauty salons, barbershops, skin care and facial salons, shall be limited to a maximum of twenty-five percent of the gross floor area.
* Term is elaborated in the Standard Industrial Classification Manual. (Ord. 1898 § 3, 2021; Ord. 1638 § 1, 2001; Ord. 1588 § 2, 1997; Ord. 1410 § 1, 1982; prior code § 27-7.13)

12.96.140 C-O community office district.

A. Purpose. To establish and promote the orderly development of an office and professional district with ancillary retail sales.

B. Permitted Uses. The following uses are permitted in the C-O district:

1. Offices and appurtenant uses;

2. Hotels and appurtenant uses;

3. Banks and other financial;

4. The following retail commercial uses, fronting onto El Camino Real:
a. Art supply stores and galleries,
b. Bookstores (primarily new books only),
c. Computer and computer supply stores,
d. Communications equipment sales and rental,
e. Florists,
f. Music and video sales/rental stores,
g. Office supply and equipment stores,
h. Photographic stores and studios,
i. Stationery stores,

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j. Xerox and copy services.

C. Conditional Uses. Conditional uses allowed in the C-O district, subject to obtaining a use permit, are as follows:

1. Restaurants and food services, except drive-in eating places;

2. Parking garages;

3. Gas and service stations in parking structures;

4. The following retail commercial uses, fronting onto El Camino Real:
a. Antique stores,
b. Barber shops and beauty parlors,
c. Bicycle sales and repairs,
d. Dry cleaning services (without plant on premises), e. Furniture sales and rentals,
f. Gift stores,
g. Health and exercise clubs,
h. Health food stores,
i. Jewelry, watch and clock sales and repairs,
j. Packaging stores/mail service centers,
k. Pharmacies,
l. Shoe sales and repairs,
m. Smoke and tobacco shops,
n. Tailors,
o. Other retail commercial uses, not listed above, which the planning commission finds are consistent with the purpose statement of the C-O district;

5. Bars, nightclubs, and lounges.

D. Development Regulations. Development regulations in the C-O district are as follows:

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1. Minimum building site required: Twenty thousand square feet.

2. Required minimum setbacks: Twenty-five feet from any public street; fifteen feet from any other property line.

3. Maximum coverage by all structures: Forty percent.

4. Maximum coverage by impervious material: Eighty-five percent.

5. Maximum allowable height: Thirty-five feet, provided that height up to fifty feet may be permitted subject to obtaining a use permit.

6. In the case of conditional uses, additional regulations may be required.

7. Parking: As set forth in Chapter 12.100.

8. Architectural review permit: As set forth in Chapter 12.108. (Ord. 1898 § 3, 2021; Ord. 1685 § 1.9, 2003; Ord. 1556 §§ 2 and 3, 1994; Ord. 1410 § 1, 1982; prior code § 27-7.14)

12.96.150 M-1 industrial district.

A. Purpose. To establish areas for warehousing, light manufacturing, and fabrication.

B. Permitted Uses. The following uses, conducted entirely within an enclosed structure, are permitted in the M-1 district:

1. Warehousing, wholesaling, and distribution on sites less than one acre;

2. Light manufacturing and processing on sites less than one acre;

3. Emergency shelters, subject to the provisions set forth in Section 12.96.205.

C. Conditional Uses. Conditional uses, conducted entirely within an enclosed structure, subject to obtaining a use permit pursuant to Chapter 12.112and architectural review permit, are as follows:

1. Industrial and manufacturing uses that may be obnoxious by reason of the emission of dust, odor, noise, glare or other nuisance, including uses such as the following:
a. Auto-related uses such as vehicle repair and maintenance and gas and service stations;
b. Auto wrecking;
c. Building materials;
d. Contractor yards;

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e. Manufacture, handling, or storage of dangerous materials; f. Lumberyards;
g. Any use which in the opinion of the community development director planning commission is similar to the above conditional uses.
h. Firearm dealers, subject to the limitations set forth by Section 6.08.070(H). i. Cannabis distribution facilities subject to the provisions of Chapters 4.70 and 12.300. j. Any warehousing, wholesaling, distribution or other light industrial use on sites over one acre in size.

2. For properties fronting on San Mateo Avenue, limited retail, restaurant, food service uses, or similar uses in the opinion of the community development director. Outdoor dining may be allowed subject to a use permit.

D. Development Regulations. Development regulations for the M-1 district are as follows:

1. Minimum building site: Eight thousand square feet.

2. Minimum lot width: Sixty feet.

3. Required minimum setbacks: None.

4. Maximum coverage by all structures: Sixty percent.

5. Maximum allowable height: Thirty-five feet. Fifty feet for buildings located on properties greater than one acre in size.

6. In the case of conditional uses, additional regulations may be required.

7. General provisions, conditions and exceptions: As set forth in Chapter 12.84.

87. Parking: As set forth in Chapter 12.100.

9. Signage: As set forth in Chapter 12.205.
108. Architectural review permit: As set forth in Chapter 12.108. (Ord. 1930 § 3, 2022; Ord. 1898 § 3, 2021; Ord. 1832 § 3, 2015; Ord. 1772 § 2, 2009; Ord. 1410 § 1, 1982; prior code § 27-7.15)

12.96.170 O open space and conservation district.

A. Purpose. To preserve open space uses and provide recreation uses for the general community, including public and private parks, schools and cemeteries.

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B. Permitted Uses. The following uses are permitted in the O district:

1. Parks, recreational facilities, and trails, that are owned, operated, and maintained by a public agency. Crop and tree farming.

C. Conditional Uses. Conditional uses allowed in the O district, subject to obtaining a use permit, are as follows:

1. Parks, and recreational facilities, and trails, that are owned, operated, and/or maintained by a private entity;

2. Schools, colleges and universities;

3. Cemeteries;

4. Uses which, in the opinion of the community development director planning commission, are consistent with the open space and conservation elements of the San Bruno General Plan.

D. Development Regulations. Development regulations in the O district are as follows:

1. For permitted uses, setbacks for structures shall be equivalent to those of the adjacent district. minimum lot area shall be one acre.

2. For conditional uses, all regulations shall be as specified in the use permit.

3. General provisions, conditions and exceptions. As set forth in Chapter 12.84.

4. Parking. As set forth in Chapter 12.100.

5. Signage. As set forth in Chapter 12.104.

6. Architectural review permit. As set forth in Chapter 12.108. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-7.17)

12.96.180 U unclassified district.

A. Purpose. To regulate land use on lands within the city now or in the future where no zoning designation has been assigned.

B. Permitted Uses. The following uses are permitted in the U district:

1. None.

C. Conditional Uses. Conditional uses allowed in the U district, subject to obtaining a use permit pursuant to Chapter 12.112, are as follows:

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1. Uses consistent with the San Bruno General Plan and adjacent uses, as determined by the community development director.

D. Temporary Uses. Temporary uses allowed in the U district, subject to obtaining a temporary use permit as defined in Section 12.84.030, are as follows:

1. Sales of holiday trees and holiday accessories between November 1st and December 31st of each year;

2. Sales of pumpkins during the month of October each year;

3. Off-site construction staging areas;

5. Any use that the community development director finds is similar in nature, function, or operation to the listed temporary, conditional, or permitted uses.

DE. Development Regulations. Development regulations in the U district are as follows:

1. As specified in the use permit.

2. General provisions, conditions and exceptions. As set forth in Chapter 12.84.

3. Parking. As set forth in Chapter 12.100.

4. Signage. As set forth in Chapter 12.104.

5. Architectural review permit. As set forth in Chapter 12.108. (Ord. 1898 § 3, 2021; Ord. 1730 § 4, 2007; Ord. 1410 § 1, 1982; prior code § 27-7.18)

12.96.190 P-D planned development district.

A. Purpose. It is the purpose of the P-D district to allow a mixture of uses, or unusual density, building intensity, or design relationships which will produce an environment and use of land in each case superior to that which would result from the regulations of the standard districts or combination of districts.

B. Permitted Uses. There are no permitted uses in the P-D district.

C. Conditional Uses. Any and all compatible land uses consistent with the San Bruno General Plan are conditional uses in a P-D district, provided such use or uses have been designated on a development plan and approved by the planning commission and city council pursuant to the provisions of this section. Conditional uses may be authorized by the approval by the planning commission of a planned development permit (PDP). Notwithstanding the

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foregoing, cannabis retailers are a conditionally permitted use in a P-D district, provided the cannabis retailer obtains the necessary permits pursuant to Chapters 4.70 and 12.300.

D. [Removed] Temporary Uses. Temporary uses allowed in the P-D district, subject to obtaining a temporary use permit as defined in Section 12.84.030, are as follows:

1. Sales of holiday trees and holiday accessories between November 1st and December 31st of each year;

2. Sales of pumpkins during the month of October each year;

3. Off-site construction staging areas;

5. Any use that the community development director finds is similarf in nature, function, or operation to the listed temporary, conditional, or permitted uses.

E. Minimum Site Area. No minimum site area is established for a P-D district.

F. Application for Establishment of a P-D District. Application to have a parcel classified as a planned development district shall be made to the planning community development department and shall be accompanied by a fee, as set by the city council, and by a preliminary development plan. A P-D district may also be established for any property pursuant to the procedure for amendment as described in Chapter 12.136.

G. Development Plan—Contents. The applicant shall submit a preliminary development plan showing the area involved and containing the following:

1. Circulation pattern, indicating both public and private street;

2. All parks, playgrounds, school sites, public facilities, open space, and other such uses;

3. The land uses, indicating the approximate areas to be used for various purpose, the acreage and percentage of total area in each land use, the population densities, the lot area per dwelling unit (excluding public street area), the percentage of area covered by buildings, pavement and extent of grading, and land uses on adjacent parcels;

4. A map showing the topography of the proposed district at one-foot contour intervals in areas of cross slopes of less than five percent, at two-foot contour intervals in areas of five percent through ten percent cross slopes, and at five-foot contour intervals in areas exceeding ten percent cross slope;

5. A market analysis for proposed commercial developments;

6. All the information necessary to allow the city to draft any required environmental impact report; plus, a fee to cover the city’s cost in preparing the draft EIR;

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7. A geological and soils analysis which shall contain an adequate description of the soils and geology of the site and conclusions and recommendations regarding the effect of the soil and geological conditions on potential grading, excavations, street and utility improvements and structures;

8. A development schedule indicating the approximate date on which the construction of the project can be expected to begin, the anticipated rate of development, and the completion date. There shall also be included, if applicable, a delineation of units or segments to be constructed in progression;

9. Proof of ownership of the properties proposed for reclassification or written approval from the owners of record to seek development plan approval and reclassification.

The above contents may be modified by the planning community development director.

H. Development Plan—Hearing and Findings for Approval. The planning commission shall hold a public hearing pursuant to the provisions in Chapter 12.132. The commission may then recommend the establishment of the P-D district; and the city council, after a public hearing, may, by ordinance, establish a P-D district, provided they find that the facts presented at the hearings establish that:

1. The proposed P-D district can substantially be completed within the time schedule submitted by the applicant;

2. Each unit of the development, as well as the total development, can exist as an independent development capable of creating an environment of sustained desirability and stability or adequate assurance that such objective will be attained;

3. The land uses proposed will not be detrimental to the present or potential surrounding uses but will have a beneficial effect which would not be achieved through other districts;

4. The streets and thoroughfares proposed are suitable and adequate to carry anticipated traffic, and increased densities will not generate traffic in such amounts as to overload the street network outside the P-D district;

5. Any proposed commercial development can be justified economically at the location proposed and will provide adequate commercial facilities for the area;

6. Any exceptions from the standard district requirements are warranted by the design of the project and amenities incorporated in the development plan; and

7. The area surrounding the development can be planned and zoned in coordination and substantial compatibility with the proposed development and the P-D district uses proposed are in conformance with the General Plan of the city.

I. Development Plan—Denial; Approval with Conditions.

1. Establishment of the P-D district shall occur concurrently coincidentally with the approval of the development plan.

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2. If, from the facts presented, the planning commission or the city council fails to make the necessary findings, the application shall be denied.

3. The planning commission may recommend disapproval of the development plan as submitted or may recommend approval of the development plan, subject to specified amendments and modifications. No amendment or modifications to the development plan shall be recommended or made without consent of the applicant. If the applicant does not agree to the suggested changes, the commission shall recommend disapproval of the development plan.

4. The commission shall not make a favorable recommendation to the council, nor shall the council adopt an ordinance classifying a parcel P-D, without coincidentally or previously having approved the development plan.

J. Development Plan—Amendment or Modification, Reclassification, Null and Void.

1. All amendments or modifications to an approved development plan shall be made in accordance with the procedure set forth for amending the zoning ordinance in Chapter 12.136.

The planning community development director may, however, approve or conditionally approve minor adjustments to the original development plan, provided said adjustments do not conflict with the concept or intent of the development plan originally approved by the commission or council.

2. If, in the opinion of the commission or council, the development in a P-D district is failing or has failed to meet the requirements of the development plan, or any part thereof, the commission or council may initiate proceedings to reclassify the property to another zoning district.

3. Development plans approved in accordance with the provisions of this section shall become null and void if a planned development permit is not filed with the commission within one year after the effective date of the ordinance adopting the approved development plan.

Such time limitation shall be subject to reasonable extensions upon a showing by the applicant of extraordinary or uncontrollable circumstances warranting such extensions.

K. Planned Development Permit (PDP)—Submission. Prior to the issuance of a building permit in any parcel zoned P-D, the owner or applicant shall procure a planned development permit from the decision-making body planning commission. Prior to planning commission approval of any application for a planned development permit, owner or applicant shall submit the following to the commission community development director:

1. A tentative subdivision map (when either parcelization of the property or a condominium project is proposed);

2. Proposed landscaping and irrigation plan;

3. Proposed engineering plans, including site grading, street improvements, drainage, and other public utilities, which plans, when approved by the commission shall not be construed to mean that the plans will constitute the final improvement plans for the subdivision. The city engineer, after detailed design studies, may require modifications and/or additional plans and specification, if such additional requirements clearly follow the spirit and intent of the approved specific plan;

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4. Proposed building plans, including floor plans and exterior elevations indicating the materials, color scheme, and treatment of surfaces;

5. Proposed plans for recreational facilities;

6. Generalized parking plans;

7. Proposed plot plans, showing building locations on each lot, building setbacks, and lot dimensions;

8. Where applicable, as a result of findings on site conditions and detailed site planning, supplemental information or revisions to the environmental impact report prepared pursuant to the provisions of the city and state EIR guidelines; and

9. A fee, as set by the city council.

Except for the fee, the submittal requirements may be modified by the planning community development director.

L. Planned Development Permit (PDP)—ActionHearing, Approval, Denial.

1. Prior to taking action on a PDP application, the commission shall conduct a public hearing in accordance with the procedures set forth in Chapter 12.132.A PDP, or a modification to an existing PDP, is required for new construction as defined in Chapter 12.108. A PDP, or modification to an existing PDP, shall require a planning commission public hearing in accordance with the procedures set forth in Chapter 12.132 subject to the following criteria:
a. The first implementation of a new development plan;
b. New buildings, except for accessory structures without direct visibility from the public right-of-way; or
c. An addition of more than 10% to an existing building, or a cumulative addition of more than 10,000 sq. ft.

All other PDPs, or modifications to an existing PDP, may be acted on by the community development director without a hearing, subject to mailed notice to adjacent property owners as set forth in Section 12.132.030.

2. In its determination of a planned development permit application, the decision-making body planning commission shall not be bound by a prior city council or planning commission approval of any development plan. The decision-making body planning commission may approve, approve conditionally, or disapprove the planned development permit as presented.

No grading, subdivision, or development shall be permitted in any P-D district, or any unit thereof, until the planned development permit for such district, or unit thereof, has been approved by the pursuant to this chapterplanning commission.

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3. The owner or developer may submit a PDP application for a portion or unit of a parcel designated P-D, provided the development plan indicated the intention of the development of such parcel by units and established a time schedule for such development.

4. Prior to approving any planned development permit application the decision-making body planning commission must find that the proposed planned development permit is consistent with the previously approved development plan and that any proposed single-family or two-family dwellings conform to the basic design principles of the residential design guidelines as approved by resolution by the city council and as may be revised from time to time.

M. Appeals. As set forth in Chapter 12.78. Any person may appeal to the city council any order, requirement, decision or determination of the planning commission for a planned development permit, as provided for in Section 12.78.060. (Ord. 1930 § 4, 2022; Ord. 1898 § 3, 2021; Ord. 1784 § 2, 2010; Ord. 1730 § 4, 2007; Ord. 1410 § 1, 1982; prior code § 27-7.19)

12.96.200 Zoning regulations and development standards for the U.S. Navy site and its environs specific plan area.

A. Purpose. The purposes of the establishment of zoning regulations and development standards of the U.S. Navy site and its environs specific plan area are to develop a compact and inter-active community based on the principles of transit-oriented development, offering multifamily and senior-assisted living, work place opportunities, potential childcare and recreational facilities, and a major hotel and ancillary services, with convenient pedestrian- friendly access to adjacent transit facilities, retail and entertainment services, and neighborhood amenities.

B. Zoning Regulations and Development Standards—Establishment and Application. The zoning regulations and development standards for the U.S. Navy site and its environs specific plan area are established as set forth in the U.S. Navy site and its environs specific plan, as adopted by the city council by Resolution No. 2001-02 on January 9, 2001. (Ord. 1898 § 3, 2021; Ord. 1635 § 1, 2001)

12.96.205 Emergency shelter overlay.

A. Purpose. The purpose of this section is to ensure that the development of emergency shelters for the homeless do not adversely impact adjacent parcels or the surrounding neighborhood, and to ensure they are developed in a manner which protects the health, safety, and general welfare of the community.

B. Description of Area. The properties as shown in the emergency shelter overlay zone map set out at the end of this chapter, are included within the emergency shelter overlay (ES) district.

C. Permitted Uses. See Section 12.96.150(B).

D. Development Regulations. An emergency shelter for the homeless shall conform to all site development standards of Section 12.96.150(D), M-1 Industrial District, except as follows:

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1. Property Development Standards. The construction of and/or renovation of a building for use as an emergency shelter shall conform to all applicable building and fire code standards.

E. Performance Standards. A shelter for the homeless shall conform to all city performance standards.

1. Maximum Number of Persons/Beds. No emergency shelter for the homeless shall contain more than thirty-two beds.

2. Waiting and Client Intake Areas. The size of indoor waiting areas shall be sufficient to accommodate the expected number of clients without infringing upon the public right-of-way.

Shelters shall provide ten square feet of interior waiting and client intake space per bed. In addition, there shall be two offices or cubicles for shelters with fewer than twenty beds. For every additional bed there shall be an additional 0.1 office, rounded up. At least twenty-five percent of the offices, rounded up, shall be private. Waiting and intake areas may be used for other purposes as needed during operations of the shelter.

3. Facility Requirements. Each facility shall include a written management plan that uses best practices to address homeless needs (e.g., the latest Quality Assurance Standards developed by the San Mateo County HOPE Quality Improvement Project) and subject to review and approval by the community development director.

4. On-Site Management. On-site management shall be provided during the hours that the shelter is in operation. The emergency shelter provider shall submit a written operations plan that includes procedures for screening residents to ensure compatibility with services provided at the facility.

5. Hours of Operation. Clients shall only be on site and admitted to the facility between five p.m. and ten a.m.

6. On-Site Security. Shelters must maintain a security and emergency plan and train staff about the plan. Shelters must install an indoor/outdoor video surveillance system for security purposes. Security plans shall be submitted to city staff for review and approval prior to issuance of an occupancy permit. Security plans shall be resubmitted to city staff on an annual basis.

7. Coordination. The shelter operator shall establish a liaison staff to coordinate with city, police, school district officials, local businesses, and residents on issues related to the operation of the facility.

8. Length of Stay. Temporary shelter shall be available to residents for no more than sixty days. Extensions up to a total stay of one hundred eighty days may be provided if no alternative housing is available.

9. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be sufficient to provide illumination and clear visibility to all outdoor areas, with minimal spillover on adjacent properties. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.

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10. Nondiscretionary Design Review. In addition to nondiscretionary design standards required for other housing in the zone, emergency shelters shall meet the following requirements:
a. Shelters shall have designated smoking areas that are not visible from the street. b. There shall be no space for outdoor congregating in front of the building adjacent to the street and no outdoor public telephones.
c. There shall be a refuse area screened from view.

11. Modification to a performance standard may be permitted subject to approval of a use permit by the planning commission. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020; Ord. 1832 § 4, 2015)
SECTION 70. Chapter 12.100 (Off-Street Parking and Loading) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.100 OFF-STREET PARKING AND LOADING

12.100.010 Purpose.

The purpose of this chapter is to:

A. Provide a sufficient number of vehicle and bicycle off-street parking and loading spaces for all land uses.

B. Provide for functional off-street parking areas that are safe for vehicles and pedestrians.

C. Ensure that parking areas are well-designed and contribute to a high-quality design environment within San Bruno.

D. Allow for flexibility and efficiency in applying off-street parking requirements to allow revitalization of the downtown and within specific plan areas, including small business establishment, expansion, and retention.

E. Establish an in-lieu parking fee to fund parking facilities in the downtown.

EF. Ensure that vehicles intended to be parked in off-street parking areas do not adversely affect neighborhood street parking.

FG. Ensure that parking requirements facilitate economic revitalization and growth. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020)

12.100.020 Applicability.

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A. New Structures and Land Uses. All new structures and land uses shall comply with the standards in this chapter, and the San Bruno parking design standards adopted by city council.

B. Existing Structures and Land Uses.

1. Off-street parking as required by this chapter shall be provided for:
a. Any enlargement, remodel, or physical alteration to an existing structure in a manner that increases the number of required off-street parking spaces; and b. Any change to the land use occupying an existing structure that increases the number of required off-street parking spaces.

2. Off-street parking as required by subsection (B)(1) is required only to accommodate the incremental change or expansion of legally established land uses. Additional parking is not required to remedy parking deficiencies existing prior to the land use change.

C. Existing Approved Development Plans. Parking requirements set forth by existing approved development plans shall be considered existing nonconforming unless otherwise altered.

D. Conflicts with Previous Entitlements. If this chapter conflicts with a previous city council or planning commission action on a project, then the previous action of the decision-making body shall prevail unless modified by a new entitlement. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020)

12.100.030 Off-street parking requirements.

A. Number of Spaces. All land uses shall provide a minimum number of off-street parking spaces as specified in Table 12.100-1. All uses not specified shall provide the off-street parking facilities as specified subsection E.

Table 12.100-1 Citywide Off-Street Parking Requirements Use Category Land Uses Number of Required Parking Spaces Multifamily Residential Units (Rental or
Condominiums)
Studio and one-bedroom units: 1 space per unit
Two- or more bedroom units: 2 parking spaces per unit
Plus: Guest parking: 1 space per 10 units
General Residential
Single-Family Homes, Duplexes, and
Triplexes
2 covered off-street parking spaces, defined as 2-car
garage or carport spaces, per dwelling unit
General Retail
Retail Sales and Services, Gas and
Service Stations, Adult Businesses,
Pawn Shops, Smoke Shops, Check
Cashing Establishment
1 space per 300 square feet of floor area
Vehicle Sales and Rental 1 space per 600 square feet of show room floor areaVehicle Related Vehicle Repair and Maintenance 1 space per 500 square feet of floor area Eating and Drinking
Bars, Nightclubs, and Lounges;
Restaurants, Cafés, and Drive-Through
Facilities
1 space per 100 square feet of public floor area

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Use Category Land Uses Number of Required Parking Spaces Entertainment and
Services
Health and Exercise Clubs, Commercial
Recreation and Entertainment, Personal
Services, Massage Establishments, and
Business Services
1 space per 250 square feet of floor area
Office
Medical Offices, Government Offices,
Social Services and Charitable
Institutions, Professional Office
1 space per 300 square feet of floor area
Daycare Center, Private and Public
Schools
2 spaces per classroom; a parking study shall be used
in determining parking requirements for a high schoolEducation Colleges and Universities, Trade and Vocational Schools 1 space per 40 square feet of classroom area Community Facilities, Places of
Worship 1 space per 100 square feet of public floor area Hospitals, Nursing and Convalescence
Homes 1 space per 400 square feet of floor area
Civic / Institutional
Emergency Shelters
1 space for every 10 beds, or the community and
economic development director may reduce the
parking requirements if the emergency shelter can
demonstrate a lower parking demand
Research and Development Facilities
1 space per 500 square feet of manufacturing and
processing floor area; 1 space per 300 square feet of
office floor area; and 1 space per 1,000 square feet of warehousing floor area
Construction, Maintenance, and Repair
Services; Heavy Equipment Sales and
Rental; Lumberyards; Warehousing,
Wholesaling, and Distribution;
Recycling Collection and Processing
Facilities
1 space per 1,000 square feet of floor areaIndustrial
Manufacturing and Processing
1 space per 500 square feet devoted to primary use
plus 1 per each vehicle used in conjunction with
business
State Regulated Land
Uses
Accessory Dwelling Units, Home Day
Care, Supportive and Transitional
Housing
Must be provided in compliance with state law

B. Fractional Spaces. If the number of required off-street parking spaces does not result in a whole number, the fractional number is rounded up to the nearest whole number.

C. Unlisted Uses.

1. The community and economic development director shall determine the off-street parking requirements for a land use not listed in Table 12.100-1.

2. The community and economic development director may base off-street parking requirements for unlisted land uses on the parking requirements of similar uses in Table 12.100-

1. 3. The community and economic development director may require the preparation of a parking demand study and/or a TDM plan to determine the parking requirement for the unlisted uses.

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D. Multiple Uses. When more than one primary land use occupies a parcel, the minimum number of required off-street parking spaces is the cumulative sum of the number of parking spaces required for each individual use. Accessory uses to a primary use do not constitute multiple uses.

E. Unidentified Uses.

1. The community and economic development director shall determine the minimum number of required off-street parking spaces for nonresidential “shell” structures with no identified tenants.

2. The community and economic development director may base off-street parking requirements for nonresidential “shell” structures on anticipated tenants for the structures.

F. Nonconforming Residential Parking.

1. The provisions of this section shall apply to single-family residential uses with parking facilities that have become nonconforming by adoption of the ordinance codified in this title and to single-family residential uses with substandard parking facilities as defined below:
a. Substandard One-Car Garages and Carports. One-car garages and carports with interior dimensions less than ten feet wide by eighteen feet deep shall be considered substandard.
b. Substandard Two-Car Garages and Carports. Two-car garages and carports with interior dimensions less than twenty feet wide by eighteen feet deep for side-by-side configurations or ten feet wide by thirty-six feet deep for tandem configurations shall be considered substandard.
c. Substandard Driveways. Driveways less than eighteen feet in depth, as measured from the back edge of sidewalk to the face of the garage door, shall be considered substandard.

2. Single-Family Residential Parking in Required Yards. Operable motor vehicles may only be parked upon any garage apron or driveway in residential zones. Operable vehicles may not be parked or stored in any other visible front yard or side yard location, whether improved or unimproved. Inoperable vehicles may not be parked or stored in any visible front yard of side yard. The following exceptions may be approved at the discretion of the community development director or approving body.
a. Front Setback Reduction Exception. Where the existing garage and existing driveway are both substandard, the garage may project up to five feet into the required garage front setback for the purpose of increasing garage depth to create a usable off-street parking space.

Garage depth must be increased to a minimum interior depth of eighteen feet to qualify for this reduction. This exception shall only apply in high parking demand areas as designated by city council resolution.
b. Garage Depth Reduction Exception. Where the existing garage and existing driveway are both substandard, the garage door may be recessed to lengthen the driveway for the purpose of providing an uncovered off-street parking space meeting parking stall dimensions required by the city of San Bruno parking design standards. Driveway depth must be increased

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to a minimum depth of eighteen feet to qualify for this reduction. This exception shall only apply in high parking demand areas as designated by city council resolution. c. Uncovered Side Yard Parking Exception. Parking of operable motor vehicles will be permitted within that side yard area between the property line and the adjacent garage, provided:
i. Such area is paved with stone, brick, asphalt, concrete, permeable paver/pavement, or other such similar material.
ii. There is a six-foot, sight-obscuring fence or landscaping along the side property line. iii. There is a six-foot, sight-obscuring fence perpendicular to the side property line and extending from the garage building to the side property line. iv. Side yard areas may not be used for the storage of inoperable motor vehicles originally intended for highway use.
d. Uncovered Front Yard Parking Exception. An exception for uncovered parking spaces within required setbacks may be allowed for residential uses that currently provide less than two covered garage or carport parking spaces. This exception shall only apply in high parking demand areas as designated by city council resolution. Acceptable parking configurations include widened driveways that accommodate two side-by-side parking spaces; angled driveway parking stalls; and other parking configurations approved by the community and economic development director or approving body, subject to the following requirements:
i. Parking stall dimensions shall be as specified by the city of San Bruno parking design standards.
ii. Surfacing for any area used for parking outside of the driveway area shall consist of permeable pavers.
iii. Uncovered parking spaces shall not encroach into the public right-of-way. iv. Uncovered parking areas within required yards may not be used for the storage of inoperable motor vehicles originally intended for highway use. v. The uncovered front yard parking space exception shall only be granted if no widening of the driveway curb cut is needed or if no net loss of street parking stalls on the property frontage and adjacent lot frontage occurs by widening the driveway curb cut.

3. Additions to Nonconforming Single-Family Residential Structures. Additions to nonconforming single-family residential structures shall not require additional parking spaces or changes to an existing driveway; provided, that such alterations or enlargements neither occupy the only portion of a lot that can be used for required parking or access to parking, with the exception of the following:
a. Single-Family Residences with No Covered Off-Street Parking.

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i. Any addition to a single-family residence of two hundred fifty square feet floor area or less shall be allowed without addition of an off-street parking space. ii. Any addition to a single-family residence with no covered off-street parking spaces that adds over two hundred fifty square feet floor area shall provide two off-street parking spaces, which may be covered or uncovered.
b. Single-Family Residences with One Covered Off-Street Parking Space. i. Any addition of two hundred fifty square feet floor area or less to a single-family residence with one covered off-street parking space shall be allowed without addition of a second covered off-street parking space.
ii. Any addition to a single-family residence with one covered off-street parking space that adds more than two hundred fifty square feet of floor area shall provide two off-street parking spaces, only one of which must be covered.
c. Accessory Dwelling Units. Additions and alterations that include accessory dwelling units shall be governed by state law.

G. Parking Compliance Permit. An applicant may request a permit to establish parking compliance for projects that do not meet the standards described by Table 12.100-1, San Bruno parking design standards, Section 12.100.050, or otherwise described by this chapter. Permit approval shall be at the discretion of the community and economic development director.

1. Purpose. A parking compliance permit is a discretionary planning permit that enables the city to ensure that off-street parking provided for land uses is 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.

2. Parking Study. Requirements. A parking demand study prepared by a qualified transportation consultant that demonstrates the project meets the required findings outlined below is required, unless the community development director determines that the required findings of approval in subsection 5 can be made without such a study. The consultant and methodology shall be approved by the community and economic development director.

3. Approval Authority. The community and economic development director shall have the authority to review and approve, conditionally approve, or disapprove a parking compliance permit, subject to public notice with no hearing required. and to appeal of the final action to the planning commission. No hearing is required.

Notwithstanding the above, if the community and economic development director finds that any planning application involves an unresolved city policy issue or that there is public controversy regarding the application, the community and economic development director shall refer the application to the planning commission for hearing and action.

4. Public Notice of Application. Public notice to all property owners within three hundred feet of the project site is required for a parking compliance permit. The public notice shall be mailed via USPS first class mail. Notice pursuant to this subsection shall be mailed at least ten calendar days before a decision is reached by the community and economic development

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director to provide a public notification period. The notice shall indicate that any person may request in writing to be advised of the decision reached by the community and economic development director.

5. Findings for Approval. The review authority may approve an An application for a parking compliance permit may be approved only if all of the following findings can be made:
a. Off-street parking supply is generally in substantial conformance with the goals, policies, and objective development standards of the General Plan, the transit corridors plan, and/or another applicable specific plan.
b. The off-street parking is generally adequate to meet anticipated demand for the proposed land uses.
c. The site for the proposed development has adequate site access from city streets and adequate public utilities and services exist or will be provided to serve the proposed development.
d. The development will not be detrimental to the public health, safety, or welfare. e. The proposed development will not have an adverse effect on surrounding property and will be compatible with the existing and planned land use character of the surrounding area.

6. Appeals. The community and economic development director’s decision on parking compliance permit shall be subject to appeal to the planning commission pursuant to Chapter

12.78. Appeals of planning commission decisions to the city council shall be filed with the community and economic development director prior to the deadline (ten calendar days from the decision), in writing, and be accompanied by payment of the required appeal filing fee set by the city master fee schedule.

If an application has been denied by an approval body, only the applicant may appeal the denial. If an application or a portion thereof is approved, an appeal may be made by the applicant or any interested citizen. When an appeal is properly filed, the application shall be set for hearing on an open agenda of the approval body to whom the appeal is authorized. All documents, plans, and papers constituting the record of the action from which an appeal is taken shall be forwarded to the approval body hearing the appeal and shall be considered part of the record of the de novo (new) hearing.

7. Expiration. An approved parking compliance permit shall become null and void if an application for an associated building permit is not issued within two years after the effective date of the planning approval. The community and economic development director or planning commission (whichever was original approving body) may grant a one-year renewal consistent with Chapter 12.78.

8. Conformance to Parking Compliance Permit. Any proposed parking lot or structure plans as approved and authorized by the parking compliance permit, shall be developed in substantial conformance with the parking compliance permit plans and associated planning application material submitted to and approved by the community development directorcity approval body. The community and economic development director may, however, approve or conditionally approve minor adjustments to the original parking lot or structure plans, provided

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said adjustments do not conflict with the concept of intent of the plans originally approved by the appropriate city approval body. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020)

12.100.040 General requirements.

A. Availability and Use of Spaces.

1. Required off-street parking spaces shall be permanently available and maintained exclusively and in perpetuity for parking purposes for the land use they serve.

2. Owners, lessees, tenants, or persons having control of the operation of a land use for which off-street parking spaces are required shall not restrict authorized persons from using these spaces.

3. Required off-street parking spaces shall be used exclusively for the temporary parking of operable vehicles and shall not be used for the repair, storage, sale, or lease of vehicles; for display of merchandise, equipment, or vehicles (such as vans or limousines) associated directly with commercial purposes; or for any other use not authorized by the municipal code.

4. Accessible Parking.
a. Accessible parking spaces shall be provided in compliance with California Code of Regulations Title 24.
b. Accessible parking spaces shall count toward compliance with the number of parking spaces required by Table 12.100-1.

5. Temporary uses located within required off-street parking spaces (for example, construction staging or special events) shall be subject to the review and approval of the appropriate city approval authority with a special event permit or a temporary use permit.

B. Location of Parking. Required parking shall be located on the same parcel or development site as the land use they are required to serve, except as allowed by subsection D (Off-site parking).

C. Car-Share Spaces. Car-share spaces are permitted. Any residential or nonresidential parking space may be voluntarily converted to a car-share space.

D. Off-Site Parking.

1. The community and economic development director or decision-making body may approve off-site parking if a covenant for the maintenance and continued use of the off-site parking spaces is approved by the city attorney and filed with the county recorder. The covenant shall state that the off-site parking spaces will remain available for the duration of the land use that it is required to serve.

2. Off-site parking spaces shall be located no more than one thousand two hundred fifty feet from the nearest property line of the parcel occupied by the land use that it serves.

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E. Motorcycles/Scooter Parking.

1. All new structures and land uses shall provide motorcycle parking areas as specified in Table 12.100-2 and as outlined in city of San Bruno parking design standards.

Table 12.100-2 Motorcycle/Scooter Parking
Requirements
Minimum Number of Required Automobile Spaces
Minimum Number of Required Motorcycle Parking
Areas
1-25 Spaces None required
26-100 Spaces 1area
Over 100 Spaces 1 additional area

F. Tandem Parking Spaces.

1. Residential Uses. Tandem parking spaces, as illustrated in Figure 12.100-1, may be provided for all residential land uses, at the discretion of the decision-making community and economic development director or approving body for the project entitlement or permit, and subject to compliance with the following standards:
a. Parking spaces in a tandem configuration shall be reserved for and assigned to a single dwelling unit.
b. For multifamily residential projects, all required guest parking shall be provided as single, non-tandem parking spaces.
c. Tandem parking spaces shall not block the use of the driveway to access other parking spaces located within the parking area.
d. Tandem parking spaces shall be used to accommodate passenger vehicles only.

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Figure 12.100-1 Tandem Parking

2. Nonresidential Uses. Tandem parking spaces may be provided for employee parking for nonresidential land uses, at the discretion of the decision-making community and economic development director or approving body for the project entitlement or permit, and subject to compliance with the following standards:
a. Tandem parking spaces shall not block the use of the driveway to access other parking spaces located within the parking area.
b. Tandem parking spaces may be used to accommodate customer or patron parking with provision of valet assistance and recordation of an “Agreement to Provide Parking Attendant.” c. Tandem parking spaces shall be used to accommodate passenger vehicles only. d. The city will evaluate nonresidential tandem spaces to determine any appropriate operational requirements that will be required to ensure the spaces are able to be utilized in a manner similar to non-tandem spaces.

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G. Mechanical and Automated Parking Facilities. Mechanical and/or automated parking facilities are allowed in all zoning districts. Parking spaces provided by mechanical and automated parking may be counted towards meeting up to fifty percent of required off-street parking spaces or up to seventy-five percent of required off-street parking spaces with provision of valet assistance and recordation of an “Agreement to Provide Parking Attendant.” The calculation of the total percentage includes both the “lower” surface level parking space and “upper” elevated parking spaces located within a mechanical or automated parking facility. The property owner shall be responsible for ensuring maintenance of mechanical parking equipment in good working order at all times. Requirements for mechanical and automated parking facilities are specified within the city of San Bruno parking design standards which shall contain specific design, operation, maintenance, and performance requirements.

H. Reductions to Required Number of Parking Spaces—Citywide. The number of required off-street parking spaces as specified in Table 12.100-1 may be reduced with approval one or more of the programs as specified below by the decision-making community and economic development director or approving body for the project entitlement or permit.

1. Shared Parking. Multiple land uses on a single property may use shared parking facilities when operations for the land uses are not normally conducted during the same hours, or when hours of peak use differ. Requests for the use of shared parking may be approved if:
a. A parking demand study prepared by a city-hired transportation consultant is approved by the community and economic development director and demonstrates that there will be no substantial conflicts between the land uses’ principal hours of operation and periods of peak parking demand. The director may waive this requirement if the director determines there will be no substantial conflicts between the principal hours of operation and periods of peak parking demand for the land uses;
b. The total number of parking spaces required for the land uses does not exceed the number of parking spaces anticipated at periods of maximum use; and c. The proposed shared parking facility is located no further than one thousand feet from the primary entrance of the land use which it serves.

2. Phased Development Projects—Parking Occupancy Survey. Total required parking for phased development projects may be reduced at the discretion of the decision-making community and economic development director or approving body for the project entitlement or permit. Requests may be approved if a parking occupancy survey prepared by a city-hired transportation consultant at the applicant’s expense meets the following:
a. A parking occupancy survey is conducted after a discrete phase of the project development is completed and at full occupancy as verified by the city-hired transportation consultant; and
b. The parking occupancy survey shows a surplus of parking for the existing building.

The community and economic development director shall determine the appropriate reduction in required parking for future phases of development.

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I. Reductions to Required Number of Parking Spaces—Specific Plan Areas. For nonresidential land uses in specific plan areas, the number of required off-street parking spaces as specified in Table 12.100-1 may be reduced by up to thirty percent with approval of one or more of the programs as specified below by the decision-making community and economic development director or approving body for the project entitlement or permit.

1. Transportation Demand Management Plan and Parking Management Plan. The number of parking spaces may be reduced by up to ten percent if a transportation demand management (TDM) plan and parking management plan prepared by a project applicant or property owner demonstrates the project vehicle trip generation will be reduced to at least ten percent lower than the standard rates as established in the most recent edition of the Institute of Transportation Engineers (ITE) Trip Generation Manual. The TDM plan shall meet the requirements described by Section 12.100.060.

2. In-Lieu Fee. Nonresidential projects in specific plan areas may pay an in-lieu fee as an alternative to providing required off-street parking spaces at the discretion of the approval decision-making body.
a. Fee Amount. The amount of the in-lieu fee shall be as set by city council resolution. b. Maximum Reduction. The in-lieu fee and TDM parking reductions may be combined to achieve a maximum off-street parking reduction of thirty percent. i. New Construction. For new construction, up to thirty percent of the total required off- street parking may be reduced with payment of the in-lieu fee. ii. Enlargements. For enlargements, up to thirty percent of the net increase in required off- street parking may be reduced by payment of the in-lieu fee. iii. Changes of Use. A change in use in an existing building to a more intensive use that results in an increased off-street parking requirement may utilize the parking in-lieu fee for up to five spaces or up to thirty percent, whichever is greater, of the net increase of the required off- street parking requirement.
c. Timing. The in-lieu fee shall be paid prior to the issuance of building permits.

3. Central Business District—Small Business Exemption. The following exemption applies to buildings constructed prior to December 31, 2005 and located in the central business district. a. The first two thousand five hundred square feet of any change of use involving only interior conversion with no physical expansion and no increase in floor area in an existing structure that requires additional off-street parking spaces shall be exempt from the in-lieu fee. b. For existing buildings, a change in use to a more intensive use shall not require additional off-street parking spaces for the first two thousand five hundred square feet of floor area.

J. Parking Area in Residential Zoning Districts—Paving. Within residential zoning districts, no more than sixty percent of the required front setback area may be paved, including areas

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used to accommodate off-street parking spaces, driveway, and walkways. For lots with widths of thirty-seven and one-half feet or less, the pavement area may be increased to seventy-five percent. See Figure 12.100-2. Pervious pavers used to accommodate off-street parking spaces do not constitute paving.

Figure 12.100-2 Paving of the Required Front Setback in Residential Zoning Districts K. Temporary Parking Areas. Every lot used as a temporary public or private parking area shall be approved by conditional temporary use permit by the planning commission or as part of the construction management plan and shall be evaluated by the following criteria:

1. Definition. A temporary parking lot shall mean any area other than a street, alley, or other public property which is intended for the parking needs of private enterprises or made available for use by the transient public for the parking of vehicles on an overflow basis until permanent facilities are available.

2. Time Limit on Use of Lot. The planning commission or approval body, in reviewing requests for temporary parking lots, shall limit its approval of the use to a maximum of two years. An extension of up to one additional year to allow for completion of permanent facilities may be granted by the community and economic development director only if evidence is provided that the permanent facilities are near completion. A decision by the community and economic development director to deny a request for a temporary lot or an extension may be appealed to the planning commission. A planning commission decision to deny a request for a temporary lot or an extension may be appealed to the city council.

23. Site Plan Required. Requests for temporary parking lots shall be accompanied by a site plan. The site plan shall consist of a fully-dimensioned, scaled plot plan for the entire property showing all existing structures and uses and the proposed location of the proposed parking lot.

34. Development Standards. The following features shall be required for temporary parking lots:
a. Surfacing and Grading. Surfacing and grading plan requirements shall be determined by the city engineer and shall be based upon the anticipated length of time the lot will be needed, the existing soil conditions, and the anticipated daily traffic the lot will receive.

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b. Lighting. Lighting shall be provided for lots used after dark and shall be maintained to a minimum level as required by the decision-making community and economic development director or approval body. The lighting shall operate from dusk to one hour past the close of business for which the lot provides parking. Parking lot lighting shall be directed so as to not shine onto neighboring residential properties. The use of temporary light standards is acceptable.

L. Valet Parking.

1. The use of valet parking shall not reduce the number of off-street parking spaces required by this chapter.

2. The use of valet parking in which vehicles, or any of them, are parked off the property site, requires a conditional use permit approved by the planning commission. Valet assistance for mechanical or automated parking facilities shall be exempt from this requirement.

3. The use of valet parking in which the employee or other individual parking cars, parks such vehicles, or any of them, upon any public street, public parking facility, highway or alleyway, is prohibited.

4. Valet Parking System. In addition to the required drawings, the applicant shall submit a plan describing in detail the proposed number of attendants, hours of valet parking service operations, fees charged to customers, and such other pertinent information as may be required from time to time by the decision making body to enable it to determine the practicability of the valet parking proposal. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020)

12.100.050 Bicycle parking.

A. Applicability—New Structures and Land Uses. All new structures and uses shall comply with the bicycle parking standards in this section.

B. Types of Bicycle Parking.

1. Short-Term/Class II Bicycle Parking. Short-term/Class II bicycle parking provides shoppers, customers, messengers and other visitors who generally park for two hours or less a convenient and readily accessible place to park bicycles.

2. Long-Term/Class I Parking. Long-term/Class I bicycle parking provides employees, residents, visitors and others who generally stay at a site for several hours a secure and weather-protected place to park bicycles.

C. Bicycle Parking Spaces Required. The number of required bicycle parking spaces shall be as specified in Table 12.100-3.

Table 12.100-3 Required Bicycle Parking Spaces

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Citywide Specific Plan Areas
Land Use Short-Term Spaces Long-Term Spaces Short-Term Spaces Long-Term Spaces Multifamily
Residential
Units
1 space per 15 units 1 per 4 units 1 space per 10 units 1 space per unit Office 1 space per 20,000
square feet of floor area
1 space per 10,000
square feet of floor area

1.5 spaces per 20,000
square feet of floor area

1.5 spaces per 10,000
square feet of floor area
Retail Sales
and Services,
Restaurants
1 space per 5,000 square
feet of floor area
1 space per 12,000
square feet of floor area

1.5 spaces per 3,000
square feet of floor area

1.5 spaces per 10,000
square feet of floor area
Hotel 1 space per 10,000
square feet floor area of
conference, meeting or
function rooms
1 space per 30 rooms 1.5 spaces per 20,000
square feet of floor area

1.5 spaces per 20,000
square feet of floor area
Schools 1 per 20 students 1 per 10 employees 1 per 20 students 1 per 10 employees Trade and
Vocational
Schools,
Colleges and
Universities
1 for every 10 students
of planned capacity
1 per 10 employees 1 for every 10 students
of planned capacity
1 per 10 employees
Community
Facilities,
Places of
Worship,
Commercial
Recreation and
Entertainment
1 space for each 10,000
square feet of floor area
1 space for each 20,000
square feet of floor area
1 space for each 10,000
square feet of floor area
1 space for each 20,000
square feet of floor area
Emergency
Shelters1
1 space per 10 beds 1 space per 5 beds 1 space per 10 beds 1 space per 5 beds Parks and
Recreational
Facilities
1 space per acre 1 per 20,000 square feet
of floor area
1 space per acre 1 per 20,000 square feet
of floor area
Note: In instances where the California Building Code requires more bicycle parking spaces than required by this chapter, the California Building Code shall apply. 1 Alternatively, the community and economic development director may reduce the required bicycle parking standards if the emergency shelter demonstrates a lower parking demand.

D. Multiple Uses. Whenever a single lot contains multiple uses with different bicycle parking requirements, the overall requirement shall be the sum of the requirements for each activity calculated separately.

E. Unlisted Uses. For uses not listed in the schedule of bicycle parking requirements, bicycle parking spaces shall be provided on the same basis as required for the most similar listed use, or as determined by the community and economic development director.

F. Fractional Spaces. If calculating the number of required bicycle parking spaces results in a quotient containing a fraction, the number shall be rounded up.

G. Short-Term and Long-Term Bicycle Parking Space Dimensions.

1. Minimum dimensions of two feet by six feet shall be provided for each bicycle parking space.

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2. Two feet of clearance shall be provided between bicycle parking spaces and adjacent walls, poles, landscaping, pedestrian paths, and other similar features.

3. Two feet of clearance shall be provided between bicycle parking spaces and adjacent automobile parking spaces and drive aisles.

Figure 12.100-3 Bicycle Parking Dimensions
H. Rack Design. Bicycle racks must be capable of locking both the wheels and the frame of the bicycle and of supporting bicycles in an upright position.

I. Short-Term/Class II Bicycle Parking Standards. The following standards are required for short-term bicycle parking:

1. Location. As shown in Figure 12.100-3, short-term bicycle parking shall be located within fifty feet of the primary entrance of the structure or use it is intended to serve. An encroachment permit may be required from the city to install bicycle parking in the public right- of-way.

2. Design. One bicycle rack space shall be provided for each bicycle to be accommodated.

J. Long-Term Bicycle Parking Standards. The following standards are required for long- term bicycle parking:

1. Location. Long-term bicycle parking shall be located at street floor level or located within a subterranean parking, shall be located in the highest level, in a parking garage. If located in a garage, must be within one hundred feet of primary building stairs or elevators.

2. Design. One bicycle rack space shall be provided for each bicycle to be accommodated.

3. Cover. Required long-term bicycle parking spaces shall be covered. Required cover for bicycle parking spaces shall be permanent, designed to protect the bicycle from rainfall, and at least seven feet above the floor or ground.

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4. Security. Long-term bicycle parking spaces shall be secured. Spaces are considered secured if they are in a locked room or area enclosed by a fence with a locked gate accessible only to the bicycle owners or authorized persons.

K. Signs. For building uses ten thousand square feet or larger, signage shall be posted at the main building entrance indicating the location of bicycle parking.

L. Shower Requirements. Shower facilities shall be made available to employees for nonresidential facilities which have a long-term bicycle parking requirement of thirty or more spaces. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020)

12.100.060 Transportation demand management.

A. Purpose. The purpose of this section is to further the transportation goals of the San Bruno General Plan and specific plans by promoting the adoption of Transportation Demand Management (TDM) Programs in industrial and office developments; promoting and increasing work-related transit use, ridesharing, walking and bicycling to minimize the number of employees traveling in single-occupant vehicles to and from work at the same time and during peak-hour periods; and improving the mobility and general efficiency of circulation and transportation systems by reducing single-occupant vehicle trips and total vehicle miles traveled within the community and the region.

B. Applicability. A TDM Plan shall be prepared for projects utilizing the parking in-lieu fee, TDM parking reduction, or as required by the California Environmental Quality Act (CEQA).

Developments in an area subject to a specific plan shall comply with any additional or more stringent TDM requirements imposed by that specific plan or as required by CEQA.

C. Standards. All projects subject to the requirements of this section shall submit a TDM Plan in conjunction with the development application.

D. Required Findings. Prior to approval of a permit for a project subject to TDM requirement, the review authority shall make the following findings:

1. The proposed trip reduction measures are feasible and appropriate for the project, considering the proposed use or mix of uses and the project’s location, size, and hours of operation.

E. Modifications. The community and economic development director may approve minor modifications to an approved TDM plan that are consistent with the original findings and conditions approved by the review authority. A request to modify a TDM plan may only be granted if it is designed to be at least as effective as the original TDM plan in meeting the objectives and purposes of this chapter.

F. Monitoring. A report, documenting the TDM activities undertaken and their results, shall be submitted to the community and economic development director annually, or as required by the project’s environmental review under CEQA, at the responsibility of the applicant. The community and economic development director or designee shall evaluate the overall effectiveness of all of the TDM activities and may suggest new or modified activities or substitute activities to meet the program’s objectives. The community and economic

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development director or designee may impose reasonable changes to assure the program’s objectives will be met. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020)

12.100.070 Parking area landscaping.

A. Applicability. Landscaping standards in this section shall apply to parking areas containing ten or more parking spaces. Standards in this section shall not apply to remodels of existing parking lots.

B. Definition. For the purposes of this section, parking lot landscaping is defined as any landscaped area adjacent to parking spaces or drive aisles.

C. Minimum Landscaping. The minimum amount of landscaping within parking areas is specified in Table 12.100-4.

Table 12.100-4 Minimum Required Parking Area Landscaping Number of Required Parking Spaces
Percent of Surface Parking Area to Be
Landscaped
1 to 9 No requirement
10 to 15 5%
Over 16 10%

1. Within industrial zoning districts, the minimum required parking area landscaping may be reduced by up to fifty percent. Perimeter landscaping shall be provided as specified in subsection G (Street frontage landscaping) below.

D. Layout. Landscaped areas shall be well-distributed throughout the parking lot area.

Parking lot landscaping may be provided in any combination of:

1. Landscaped planting strips at least four feet wide between rows of parking stalls;

2. Landscaped planting strips between parking areas and adjacent buildings or internal pedestrian walkways;

3. Landscaped islands located between parking stalls or at the ends of rows of parking stalls; and

4. On-site landscaping at the parking lot perimeter.

E. Parking Space Landscaping. A maximum of two feet at the front-end of a parking space may be landscaped in lieu of paving surface, as shown in Figure 12.100-4. Minimum parking space dimensions as required by city of San Bruno parking design standards shall be maintained.

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Figure 12.100-4 Permitted Parking Space
Landscaping
F. Trees.

1. Number Required. One for each five parking spaces.

2. Location. Trees must be located on the same parcel as the parking lot, unless an alternate location is approved by the community and economic development director.

3. Distribution. Trees shall be distributed relatively evenly throughout the parking area per the approved landscape plan.

4. Size and Species. Trees shall be a minimum fifteen-gallon size.

5. Installation and Maintenance. Trees shall be installed and maintained in a manner consistent with the city of San Bruno engineering and design construction standards for street trees.

G. Street Frontage Landscaping.

1. When a parking area is located adjacent to a public or private street, a landscape strip shall be provided for the purpose of shielding parked cars and their undercarriages from view of passing motorists and pedestrians.

2. The minimum width of the landscape strip shall be five feet, as measured from the property line for private streets or edge of curb for public streets.

3. Required landscape strips may not contain any paved surfaces, except for pedestrian walkways or vehicular drives that provide access to the parking area from the adjacent street or sidewalk. Landscaping shall not impede or create unsafe conditions for pedestrians and bicyclists.

H. Concrete Curbs.

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1. All landscape areas shall be separated from parking spaces, drive aisles and driveways by a continuous, raised concrete curb. Raised concrete curbs shall be a minimum of six inches high by six inches deep.

2. The city may approve alternatives to raised concrete curbs as needed to comply with any mandatory stormwater drainage standards.

I. Irrigation.

1. Irrigation System. Water-efficient irrigation systems (e.g., bubbler type, drip, mini-spray) shall be installed for all required landscape areas. Irrigation systems shall include check valves to prevent low head drainage, appropriate nozzles to prevent overspray and automatic and self- adjusting irrigation controllers that include moisture and/or rain sensor shutoff.

2. Irrigation Schedule. Landscape irrigation should be scheduled between the hours of two a.m. and ten a.m. to avoid irrigating during times of high wind, high temperature and high-water usage.

3. Drought Resistant Materials. The landscape plan shall utilize drought-resistant species which support the city’s water conservation policies and are in compliance with the State Model Water Efficiency Landscape Ordinance.

J. Maintenance.

1. General. Landscape areas shall be permanently maintained in good growing condition.

2. Replacement of Dead or Dying Plants. Within thirty days of a determination by the community and economic development director that a plant is dead or severely damaged or diseased, the plant shall be replaced by the property owner in accordance with the standards specified in this chapter.

3. Removal of Landscaping. Any removed mature landscaping shall be replaced such with landscaping of similar size and maturity as that which was removed.

4. Irrigation Systems. Irrigation systems shall be maintained in a fully functional manner as approved by the city and required by this section.

K. Timing. Landscaping shall be installed prior to the city’s authorization to occupy any buildings served by the parking area, unless a deferral of no more than one year is approved by the community development directoror prior to the issuance of the final building permit for the parking area. The director may require a security deposit for the deferral.

L. Exceptions. Exceptions to landscaping requirements or off-site planting may be granted at the discretion of the community and economic development director or approving decision- making body if the applicant provides evidence of hardship in meeting required off-street parking requirements due to landscaping requirements. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020)

12.100.080 Parking structures.

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A. Prohibitions on Parking Structures. Parking structures shall be prohibited in all districts except those explicitly allowed by voter initiative or otherwise allowed by law.

B. Setbacks.

1. Above-ground parking structures shall comply with all setback requirements of the applicable zoning district.

2. Subterranean parking may be located within any required setback area, provided that adequate space is provided for utilities and shoring, as determined by the city engineer.

C. Design.

1. All exterior walls of a parking structure shall be architecturally compatible with the structure served by the parking structure.

2. Parking structure façades shall be broken-up through the use of textured concrete or similar materials on exterior walls, the incorporation of planters and trellises at each parking level, and other architectural treatments to minimize large blank walls without architectural relief.

3. Parked vehicles at each level within the structure shall be shielded from view from adjoining streets through the use of architectural appurtenances and landscaping.

D. Landscaping. At ground level, the perimeter of the parking structure shall be landscaped with a minimum of one street tree for every twenty feet of linear distance of structure façade in addition to required streetscape landscaping. Groundcover and shrubs shall also be provided to break-up the mass of the structure. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020)

12.100.090 Off-street vehicle loading.

A. Applicability. All new commercial and industrial land uses with a floor area of ten thousand square feet or more and multifamily residential developments with fifty units or more shall provide off-street freight and equipment loading spaces as required by this section.

B. Number of Spaces. The minimum number of required loading spaces are specified in Table 12.100-5.

Table 12.100-5 Required Loading Spaces
Total Gross Floor Area/Number of Multifamily Residential Units Required Loading Spaces
Less than 10,000 sq. ft./50 units None
10,000 sq. ft. to 49,999 sq. ft./50 – 99 units 1
50,000 sq. ft. to 100,000 sq. ft./100 – 199 units 2
More than 100,000 sq. ft./200+ units As determined by community and economic development director

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C. Dimensions. Each loading space shall have minimum dimensions of twelve feet in width, twenty-five feet in length, and fourteen feet in vertical clearance.

D. Location.

1. Loading spaces shall be set back a minimum distance of twenty-five feet from any residential property.

2. Loading spaces shall be located and designed to ensure that loading and unloading takes place on site and not within adjacent public rights-of-way.

3. Sufficient maneuvering area shall be provided for loading spaces so that vehicles may enter and exit an abutting street in a forward direction.

4. Loading spaces and their associated maneuvering areas shall not encroach into required employee or visitor parking areas or other on-site areas required for vehicle circulation.

5. An on-street loading area may be approved by the decision-making body for the planning permit, if approved by the appropriate city approval body, shall have a minimum length of forty feet. Such a space may only be approved if the applicant can demonstrate to the decision-making body that it is infeasible to locate a loading space on site. Time limits for use of the space shall be established to ensure its use does not conflict with general circulation needs or with operation of other area businesses and uses.

E. Striping and Identification. Loading spaces shall be striped and clearly identified as for loading purposes only.

F. Use of Space. Loading spaces shall not be utilized for the repair or servicing of vehicles. (Ord. 1898 § 3, 2021; Ord. 1877A § 3, 2020)
SECTION 71. Section 12.104.020 of Chapter 12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.104.020 Sign permits required—Fees and prerequisites.

A. Except as otherwise provided in this chapter, no person shall place any sign upon real property unless he or shethey first shall have applied for and received a sign permit from the building inspector, shall have complied with all applicable provisions of this chapter, and shall have received the approval of the architectural review committee or the planning community development director, where required.

B. The planning community development director shall review all applications for business licenses pursuant to this code to determine if the existing or proposed signs to be used on the lot on which the business is to be conducted complies with or will comply with this chapter. He or she The director shall also review all applications for sign permits to determine whether the sign or proposed sign will comply with the requirements of this chapter.

C. The building division inspector shall not issue a permit unless:

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1. The planning community development director has certified that the sign meets the requirements of this chapter and has been reviewed by the architectural review committee, where necessary;

2. The permit fee as established by resolution of the city council shall have been paid; and

3. The express permission of the occupant, owner, lessee, or person having possession of the real property upon which the sign is proposed to be placed shall have been obtained by writing.

D. This section shall not prohibit the placement of any notice or legal advertisement by any public officer as prescribed or required by law. (Ord. 1410 § 1, 1982; prior code § 27-9.2) SECTION 72. Paragraph C of Section 12.104.050 (Aggregate Sign Area) of Chapter

12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

C. Corner Lots; Lots with Multiple Frontage. On a corner lot, or a lot having more than one street frontage, the planning community development director shall determine the maximum sign area permissible by referring to the street upon which the lot principally fronts.

SECTION 73. Paragraph C of Section 12.104.070 (Wall Signs) of Chapter 12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

C. Minimum Vertical Clearance. Seven feet above sidewalk or surrounding ground. The architectural review committee community development director shall have the power to grant deviations from this requirement.

SECTION 74. Paragraph B of Section 12.104.130 (Sign Illumination) of Chapter

12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

B. The planning commission community development director may grant deviations from the requirements of subsection A of this section if it finds that additional hours of illumination are necessary to advertise or identify a business during hours of operation and that such additional period of illumination would not adversely affect the health, safety or welfare of persons residing in the vicinity adjacent to the sign.

SECTION 75. Section 12.104.140 of Chapter 12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.104.140 Multiple business signs on one lot.

A. When there is more than one business, establishment, facility, or enterprise on a single lot, no additional sign shall be placed thereon, nor shall any existing sign be replaced unless the planning community development director shall have reviewed the proposed sign in accordance with this section.

B. The applicant shall submit drawings and sketches showing the proposed type, location, height, color scheme, type of illumination, construction materials, setbacks, sign area, and sign copy for any proposed sign, and similar information as to other signs on the lot. The planning

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community development director shall approve the proposed sign only if he or she the director finds that the proposed sign will be compatible and harmonious with its own elements, existing signs on the lot, and the surrounding vicinity.

C. The planning community development director shall review the proposed sign area of the sign and may impose a limit on the aggregate sign area thereof to assure that such aggregate sign is not disproportionate to the aggregate sign area allowed for all signs on the lot pursuant to Section 12.104.050.

D. Where there is an application to develop more than one business establishment, facility or enterprise on a single lot, no sign shall be placed thereon unless and until a master signing program shall have been submitted to the community development director architectural review committee and approved thereby.

E. Applications for master signing programs may be filed with the planning community development director upon the payment of a fee as prescribed by resolution of the city council.

The applicant shall submit drawings or sketches showing the proposed types, locations, heights, color schemes, types of illumination, construction materials, setbacks, sign areas, and sign copy for all proposed signs. The director architectural review committee shall approve a master signing program only if it finds that such program conforms to all requirements of this chapter, except as to which deviations are granted, and that the proposed planned signing program will be compatible and harmonious with its own elements and the surrounding vicinity.

F. In connection with the approval of a master signing program, the architectural review committee may approve deviations from the requirements of this chapter pursuant to Section 12.104.220.

G. The maximum height of freestanding signs shall be four feet.

H. No signs shall be permitted on the roof or roof eave of buildings. (Ord. 1410 § 1, 1982; prior code § 27-9.14)
SECTION 76. Paragraph A of Section 12.104.170 (Subdivision Signs – Directional and Advertising) of Chapter 12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

A. Directional Signs. Directional signs carrying only the name of a single-family lot, condominium, community apartment, or stock cooperative subdivision or project, and directions thereto, for directional purposes only, may be allowed in commercial districts for periods not to exceed one year, upon approval of the planning community development director.

SECTION 77. Paragraph B of Section 12.104.170 (Subdivision Signs – Directional and Advertising) of Chapter 12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

B. Advertising Signs. Signs advertising the sale of a single-family lot, condominium community apartment, or stock cooperative subdivision or project may be displayed on the site of the subdivision or project for a period not exceeding one year, upon the approval of the planning community development director.

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SECTION 78. Paragraph C of Section 12.104.190 (Temporary Business Signs) of Chapter 12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

C. The sign shall be removed when, in the case of a permanent business, the permanent sign shall have been placed, or within ninety days of its placement, whichever first occurs. The community development director architectural review committee may grant extensions to the foregoing time limit for good cause. (Ord. 1410 § 1, 1982; prior code § 27-9.19) SECTION 79. Paragraph B of Section 12.104.200 (Temporary Signs – Civic Events, Etc.) of Chapter 12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

B. The size, materials, and location of each such sign shall be approved by the planning community development director. No sign shall be placed for a period longer than thirty days.

SECTION 80. Paragraph D of Section 12.104.200 (Temporary Signs – Civic Events, Etc.) of Chapter 12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

D. The architectural review committee community development director may grant extensions to the foregoing time limit for good cause. (Ord. 1410 § 1, 1982; prior code § 27-

9.20)
SECTION 81. Paragraph C of Section 12.104.210 (Election Signs) of Chapter 12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

C. Registration of Persons Responsible for Sign Posting. Prior to the posting of election signs relating to a candidate or measure, the person responsible for the posting of such signs on behalf of a candidate, proponent or opponent of a measure, or campaign committee, shall file a registration statement with the city clerk. If the signs are to be posted on behalf of a candidate for elected office of the city of San Bruno or San Bruno Park School District, the candidate shall personally file such statement. Such statement shall identify the candidate or measure and the name, address, and telephone number of the filer. Upon filing of the registration, the filer shall execute a written agreement that he or she the filer shall be responsible for removal of all election signs posted by him or her the filer or under his or her their authorization or supervision within the period required by this section, and that he or she the filer understands that if he or she the filer fails to do so he or she they may be liable to the city for the costs of removal of such signs.

SECTION 82. Section 12.104.220 of Chapter 12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.104.220 Architectural review of signs.

A. Except for such signs for which no permits are required, and except for signs which require the approval of the planning commission director, no sign shall be placed without the approval of the community development directorarchitectural review committee.

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B. The community development planning director shall have primary jurisdiction over individual signs. If he or she determines that there is serious doubt that a proposed individual sign meets the standards of approval set forth in this subsection, he or she shall refer the matter to the architectural review committee for determination. The community development planning director and the architectural review committee shall approve individual signs only upon a finding that their size, shape, scale, type, location within the lot, color scheme, and relation to other structure on the lot are such as to be harmonious and compatible with the development of the lot on which they are proposed to be located and with other development in the immediate vicinity.

C. The architectural review committee planning commission shall have jurisdiction over the following:

1. Individual signs upon referral from the planning director pursuant to subsection B of this section;

2. The granting of deviations from aggregate sign area requirements of this chapter, pursuant to Section 12.104.050;

3. Master signing programs, pursuant to Section 12.104.140, including granting of deviations in connection therewith;

4. The granting of deviations from vertical clearance requirements for individual letter signs and wall signs;

5. The granting of deviations from the requirements of this chapter, pursuant to subsection E of this section.

D. The planning director shall make monthly written reports to the architectural review committee as to the location of individual signs as to which he or she has rendered architectural approval.

DE. The committee may approve deviations Deviations from the provisions of this chapter regarding aggregate sign area requirements, master signing programs, and for individual signs, may be approved as follows:.

1. All Deviations. In each case in which a deviation is granted, the decision-making bodycommittee must first make a finding that any sign or combination of signs permitted is harmonious and compatible with the development of the lot on which it is proposed to be located and with other development in the immediate vicinity.

2. Aggregate Sign Area Deviations. In each case in which the committee planning commission grants a deviation from a limitation on aggregate sign area, it must first make a finding that the lot on which the placement of the sign is proposed has a street frontage substantially greater than seventy-five feet; and that the type of business, facility, or enterprise is such that the size of the sign or signs is an important element in attracting business, trade, or patronage from the public at large.

3. Master Signing Program Deviations. In each case in which the community development director committee grants a deviation in connection with the approval of a master signing

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program, it must first make a finding that, given the number and type of business on the lot, adherence to the strict requirements of this chapter would unduly impede or interfere with the ability of one or more businesses, facilities, or enterprises to adequately identify itself to the public, or a segment of the public likely to patronize it.

4. Other Deviations. In each case in which the community development director committee grants a deviation in connection with requirements of this chapter which do not apply to aggregate sign area, or relate to master signing programs or to vertical clearance requirements, the committee director must first make the finding that the strict application of this chapter would result in practical difficulties or unnecessary hardship due to exceptional circumstances related to:
a. The size, shape or topography of property on which the sign is to be located, or the siting or location of buildings and other structures thereon; or b. The relationship of said property to buildings, structures, or the topography of adjacent property. (Ord. 1410 § 1, 1982; prior code § 27-9.22)
SECTION 83. Section 12.104.240 of Chapter 12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.104.240 Enforcement.

The city manager or his or her designee is designated the enforcement officer for purposes of this chapter. The enforcement officer shall have the power and authority:

A. To remove or cause to be removed, in accordance with the abatement procedure set forth in this chapter, any sign which is abandoned or being maintained in violation of any provision of this chapter;
B. To summarily remove or cause to be removed, any sign which is abandoned or being maintained in violation of any provision of this chapter which constitutes an immediate fire, safety, or other hazard. (Ord. 1410 § 1, 1982; prior code § 27-9.24) SECTION 84. Section 12.104.250 of Chapter 12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.104.250 Appeals.

A. Any person affected by any decision of the enforcement officer under the provisions of this chapter, and any applicant or other interested person who is not satisfied with the action of the community development planning director or the architectural review committee regarding signs, may within seven ten days after receipt of such decision of the enforcement officer, or within seven ten days of the action of the director or committee, appeal in writing to the planning commission. The commission shall have the power to hear the appeal and affirm, reverse, or modify the decision of the enforcement officer, community development planning director, or architectural review committee. The fee for the appeal shall be established by resolution of the

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city council. The decision of the planning commission on appeal shall be final and conclusive, except in the event it is appealed to the city council.

B. If the applicant is not satisfied with the decision of the planning commission, the applicant he or she may within seven ten days appeal in writing to the city council. The fee for the appeal shall be established by resolution of the city council. Notice shall be given to the planning commission, which shall submit a report to the city council setting forth its reasons for the action taken by the commission. (Ord. 1410 § 1, 1982; prior code § 27-9.25) SECTION 85. Section 12.104.260 of Chapter 12.104 (Signs) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.104.260 Abandoned and illegal signs.

A. This section pertains to the following types of signs:

1. Abandoned Signs. Abandoned signs are prohibited. Any sign related to a former business located on property which remains unoccupied for a period of sixty days or more, or any sign which was placed or erected for an occupant or business unrelated to the present occupant or business, or any sign which pertains to a time, event, or purpose, which no longer exists shall be presumed to be abandoned.

2. Illegal Signs. For purposes of this section, illegal signs are signs which are placed or maintained in violation of one or more provisions of this chapter. Illegal signs include signs which have lost their status as nonconforming signs which may be maintained due to the conclusion of amortization periods for their removal, or due to the occurrence of an event which requires the removal of the sign, such as the termination of a business.

B. Whenever the enforcement officer finds a sign which he or she the officer determines to be abandoned or illegal, he or she the officer shall post a written notice on the sign or building whereon it is located to cause removal of the sign. Written notice of the removal request shall also be delivered to the owner of the property, as his or her name appears on the last equalized roll upon which city taxes are paid, to the address shown thereon, or to such address as known to the city clerk, to the occupant of the premises, if any, and to the owner of the sign if such person differs from the owner of the property or the occupant of the premises and if the name and address of such person appears on the sign.

C. If the removal request is not complied with within thirty days after service or receipt of notice, a hearing shall be scheduled before the community development director planning commission. Written notice of the time and place of the hearing shall be given by the secretary of the planning commission to the property owner, occupant of the premises, and sign owner as described in the previous paragraph at least ten days prior to the date set for the hearing.

D. At said hearing, the community development director planning commission shall confirm, modify, or rescind the notice given or action taken by the enforcement officer. Upon the conclusion of said hearing, the planning commission director shall, based upon such evidence as presented at said hearing, determine whether the sign is abandoned or illegal or not. If it finds that the sign is abandoned or illegal, it shall by resolution, order the sign abated within fifteen days or waive enforcement as set forth in subsections E and F of this section.

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E. In the case of the abandoned sign, the planning commission community development director may temporarily waive enforcement of the removal of the abandoned sign for a period not to exceed sixty days if it finds that all of the following conditions exist:

San Bruno City CouncilMarch 12, 2024

San Bruno City Council
March 12, 2024