Agenda, first session — San Bruno City Council, April 9, 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
April 9, 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/88123709945?
pwd=3z3hw9hmflh61SJbJKQBNpyAU4LqGQ.iJlD2fBMHVjMh6Hf
Phone Line: 16465588656
Webinar ID: 881 2370 9945
Webinar Password: 228635
*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 is a single public comment period for all items in this section a. Community Clean Up Event with Recology, 975 Sneath Lane, Saturday, April 27, 2024, 8:00 11:00 am
b. Issue Proclamation Recognizing April 612, 2024 as National Library Week c. Issue Proclamation Recognizing April 2024 as Autism Acceptance Month d. Issue Proclamation Recognizing April 2024 as National Arab American Heritage Month

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 Special Meeting Minutes for February 13, 2024 and March 12, 2024 and Regular Meeting Minutes for the Meetings of February 13, 2024 and February 27, 2024 b. Approve Accounts Payable for March 11, 2024, March 19, 2024, March 25, 2024, and April 1, 2024
c. Accept Payroll for March 24, 2024
d. Approve Investment Report dated February 29, 2024
e. Consider Adoption 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”
f. Consider Adoption of a Resolution Authorizing the City Manager to Execute a FiveYear Contract with Smelly Mels Plumbing, Inc. to Provide Sewer Spot Repair Services in an Annual Amount Not to Exceed $600,000 For the First Year, and Four Additional Option Years at $600,000 Each, for a Total Amount of $3,000,000 for a Total FiveYear Term g. Consider Adoption of a Resolution to Establish 20 Feet of an OnStreet Accessible Parking Blue Zone Curb on Linden Avenue for San Bruno Library
h. Consider Adoption of a Resolution to Authorize the City Manager to Issue a Request for Proposals (RFP) for the Acquisition of San Bruno CityNet Services

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Hold Public Hearing to 1) Consider Adoption of a Resolution Making Draft Findings and Declaring an Intent to consider Overriding the San Mateo City/ County Association of Governments (C/CAG) Airport Land Use Commission’s (ALUC) Determination of Inconsistency with respect to the Proposed General Plan and Navy Site Specific Plan Amendments and Rezoning of 1101, 1150, and 1151 El Camino Real and 1292 Huntington Avenue and 2) Authorize the City Manager to Submit the Resolution to the Airport Land Use Commission and the State of California Department of Transportation’s Division of Aeronautics and Schedule a Public Hearing Pursuant to Public Utilities Code Section 21676

8. CONDUCT OF BUSINESS
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 of San Bruno Amending Section 6.36.010 of the San Bruno Municipal Code Regarding Adoption of San Mateo County’s Animal Control Ordinance” and Making a Finding of Exemption Under CEQA

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS

11. ADJOURNMENT – The next Regular City Council Meeting will be held on April 23, 2024 at 7:00 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 April 4, 2024, by 6:00 pm. 1 of 304
"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
April 9, 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 April 23, 2024 at 7:00 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 April 4, 2024, by 6:00 pm. 2 of 304
"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
April 9, 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 April 23, 2024 at 7:00 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 April 4, 2024, by 6:00 pm. 3 of 304

Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember
Marty Medina, Councilmember, District 4

“The City with a Heart”

MINUTES

SAN BRUNO CITY COUNCIL

SPECIAL MEETING
February 13, 2024
6:00 PM

1. CA

LL TO ORDER
The meeting was called to order at 6:00 pm

2. ROLL CALL
Councilmembers Alvarez, Hamilton, M. Medina, Vice Mayor Salazar and Mayor R. Medina w
ere all present

3. CLOSED SESSION
a. CONFERENCE WITH REAL PROPERTY NEGOTIATOR PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property: APN 020-131-240 (618 San Mateo Ave - City Fireman's Hall) Agency Negotiator: City Manager
Negotiating Parties: Artichoke Joe’s
Under Negotiation: Price and Terms of Payment
Member of the Public Matt Jones - spoke about downtown
There was no reportable action taken

4. ADJOURNMENT
This meeting adjourned at 6:41 pm. The next Regular City Council Meeting will be held on Febr
uary 13, 2024 at 7:00 p.m.

These City Council meeting minutes were prepared by Lupita Hueta, City Clerk, and presented to the City Council for approval at the regular meeting on April 9, 2024. _____________________________ _____________________________ Lupita Huerta Rico E. Medina
City Clerk Mayor
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Item 6a.
"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 SPECIAL MEETING
March 12, 2024
6:00 PM

1. CALL TO ORDER
The meeting was called to order at 6:00 pm

2. ROLL CALL
Councilmembers Alvarez, Hamilton, M. Medina and Mayor R. Medina were all present and Vice Mayor Salazar was on an excused absence

3. STUDY SESSION
a. Review the Draft FY25 Capital Improvement Program Budget and Provide Direction for Final Adoption on June 25, 2024
City Manager Alex McIntyre introduced the item and Chief Financial Officer Nick Pegueros presented the item to the City Council
Chief Financial Officer Nick Pegueros answered questions Public Works Director Matt Lee answered questions
Fire Chief Ari Delay answered questions
City Manager Alex McIntyre answered questions
Community Services Director Travis Karlen answered questions No members of the public wished to speak under this item No reportable action was taken

4. ADJOURNMENT
This meeting adjourned at 6:54 pm. The next Regular City Council Meeting will be held on
March 12, 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 April 9, 2024. ______________________________ ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor
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"The City With a Heart"
Rico E. Medina, Mayor
Michael Salazar, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tm Hamilton, Councilmember
Marty Medina, Councilmember, District 4

MINUTES

SAN BRUNO CITY COUNCIL REGULAR MEETING
February 13, 2024
7:00 PM

1. CALL TO ORDER
The meeting was called to order at 7:02 pm

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

Medina were all present

3. PLEDGE OF ALLEGIANCE
Mayor R. Medina led the pledge
The Mayor moved Announcements/Presentations to take place prior to Public Comments

5. ANNOUNCEMENTS/PRESENTATIONS
a. Proclamation Honoring Distinguished Service Medal Award Recipient Officer Kendrick Liu of the San Bruno Police Department
Police Chief Ryan Johansen issued the Distinguished Service Award / Mayor R.

Medina issued Proclamation and Officer Kendrick Liu accepted.

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Member of the Public Stephanie Abugharbien – spoke about City’s future and finances
Member of the Public Justin Fang – spoke about street sweeping and ticketing Member of the Public Kinda D. – spoke in support of a ceasefire Member of the Public Ray Mozer – spoke about painting a crosswalk at intersection of College between Susan and Longview
Member of the Public Rebecca Molano – spoke in support of a ceasefire resolution

6. CONSENT CALENDAR
a. Approve the Draft Special Meeting Minutes of February 2, 2024 and Regular Meeting Minutes for July 25, 2023
b. Approve Accounts Payable for January 22, 2024, January 29, 2024, and February 5, 2024
c. Accept Payroll for January 14, 2024 and January 28, 2024

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d. Consider Adoption of a Resolution Accepting the 2022-23 Slurry Seal Project 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 $42,595.87
e. Consider Adoption of a Resolution:

Accepting the San Bruno Avenue and Cherry Avenue Intersection Improvements Project as Complete;
Authorizing the Filing of Notice of Completion with the San Mateo Recorder’s Office; and
Authorizing Release of the Construction Contract Retention in the Amount of $19,666.93
f. Consider Adoption of a Resolution Establishing a No Parking Zone for Vehicles Over Six Feet Tall North of the Santa Lucia Avenue and El Camino Real Intersection; Modifying the Times for the No Stopping Zone on the North Side of Angus Avenue West from Masson Avenue to Hensley Avenue; and Finding Such Action Exempt from the California Environmental Quality Act
g.

Consider Adoption of a Resolution Establishing an Award of Contract Policy and Approving Standard Form Agreements
h. Receive and File the Annual Comprehensive Financial Report, Report on Agreed- Upon Procedures Applied to Appropriations Limit Schedule, and Other Required Outside Agency Reports for the Fiscal Year Ended June 30, 2023 i. Consider Adoption of an Ordinance 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”

City Manager Alex McIntyre moved Item g to Conduct of Business No items were pulled by the City Council for a separate vote Councilmember Hamilton pulled Items d and e for comment Councilmember M. Medina pulled Item f for comment
No members of the public wished to speak under this item M/S Hamilton/M. Medina to approve the consent calendar. The motion passed unanimously.

7. CONDUCT OF BUSINESS
City Manager Alex McIntyre moved Item 6g. to Conduct of Business g. Consider Adoption of a Resolution Establishing an Award of Contract Policy and Approving Standard Form Agreements
Chief Financial Officer Nick Pegueros provided an oral report to the City Council and answered questions.

No members of the public wished to speak under this item M/S Salazar/Alvarez to approve the resolution as read by the City Clerk. Motion passed

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unanimously.
a. Consider Adopting the Fiscal Year 2024-25 Top Priority Initiatives and Budget Principles, and Provide Direction on Requests for Additional Information for Initiatives that are Currently On Hold Pending Resource Allocation
City Manager Alex McIntyre presented the item to the City Council and answered questions
Member of the Public Eleni Katout – spoke about developing a climate initiative Member of the Public Matt Jones – spoke about the climate action plan Member of the Public Justin – spoke in support of the item Member of the Public Maha Yaser-Shihahih – spoke about CityNet Member of the Public Jules – spoke about climate initiative Member of the Public Rebecca Molano – spoke about prioritizing initiatives Councilmember M. Medina recused himself from the downtown parks item, the location of his home is close enough to the project to cause a potential conflict of interest.

City Attorney Trisha Ortiz provided clarification on the top five priorities being segmented.

M/S Hamilton/Alvarez to include finalized downtown park improvement plans as one of the top five priorities for fiscal year 2024-25. Motion passed 4-0 vote, with Councilmember M. Medina recused.

M/S/ Hamilton/M. Medina to accept the remaining four (4) top priority initiatives on the list and adopt the budget principles as stated in presentation. Motion passed unanimously.

b. Consider Adoption of a Resolution:
• Approving the design of the Centennial Plaza Improvements;. • Authorizing the City Manager to Execute a Construction Contract with Suarez and Munoz Construction Inc. for the Centennial Plaza Improvement Project in an amount not to exceed $1,106,728;
• Approving a construction contingency of $115,000;
• Approving the procurement of a comprehensive project and construction project manager in an amount not to exceed $166,000;
• Approving a budget adjustment of $576,259 from the Community Facilities Impact Fee Fund for the completion of the project; and
• Determining the project is exempt under the California Environmental Quality Act Community Services Director Travis Karlen presented the item to the City Council and answered questions.

Member of the Public Sadana Traxler – spoke in support of the item Member of the Public Stephen Seymour – spoke in support of the item Member of the Public Rebecca Molano – spoke in support of the item Member of the Public Randy Torrijos spoke on behalf of Supervisor Pine from San

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Mateo Board of Supervisors – spoke in support of the item Member of the Public Matt Jones – spoke in support of the item Member of the Public Luis V – spoke in support of the item Public Works Director Matt Lee answered questions
City Manager Alex McIntyre answered questions
Assistant City Manager Darcy Smith answered questions
M/S Hamilton/M. Medina to approve the resolution as read by the City Clerk. Motion passed unanimously.

8. COUNCIL COMMITTEE REPORT OUT
The City Council had no committee report outs

9. COMMENTS FROM COUNCIL MEMBERS
Councilmember Hamilton spoke about Centennial Plaza
Councilmember M. Medina spoke about San Bruno baseball and softball Mayor R. Medina spoke about:
• Three (3) new pumps installed
• Wings ribbon cutting
• EXP bus service

10. ADJOURNMENT
The meeting adjourned at 9:16 pm. The next Regular City Council Meeting will be held on February 27, 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 April 9, 2024.

______________________________ ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor

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"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

MINUTES

SAN BRUNO CITY COUNCIL REGULAR MEETING
February 27, 2024
7:00 PM

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

2. ROLL CALL
Councilmembers Hamiton, M. Medina, Vice Mayor Salazar and Mayor R. Medina were all present. Councilmember Alvarez 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 Stephanie A – spoke in support of a ceasefire resolution Member of the Public Jamal Katout – spoke in support of a ceasefire resolution Member of the Public Guy Kim – spoke in support of a ceasefire resolution Member of the Public Kamilah – spoke in support of a ceasefire resolution Member of the Public Neda Jamaly – spoke in support of a ceasefire resolution Member of the Public Elisa Baeza – spoke in support of a ceasefire resolution Member of the Public Myra Ahmad – spoke in support of a ceasefire resolution Member of the Public Amena – spoke in support of a ceasefire resolution Member of the Public Ruba Jammali – spoke in support of a ceasefire resolution Member of the Public John Saddi – spoke in support of a ceasefire resolution Member of the Public Ibrahim Abughosh – spoke in support of a ceasefire resolution Member of the Public Sawsan Dabit – spoke in support of a ceasefire resolution Member of the Public Hibah – spoke in support of a ceasefire resolution Member of the Public Meryana Katout – spoke in support of a ceasefire resolution Member of the Public Noor Alayan – spoke in support of a ceasefire resolution Member of the Public Ola Saadi – spoke in support of a ceasefire resolution Member of the Public DeVante – spoke in support of a ceasefire resolution Member of the Public Eleni Katout – spoke in support of a ceasefire resolution Member of the Public Juliana G – spoke in support of a ceasefire resolution Member of the Public Delaney Woo – spoke in support of a ceasefire resolution Member of the Public Jeannine Sayage – spoke in support of a ceasefire resolution Member of the Public Maha Y – spoke in support of a ceasefire resolution Member of the Public Nicole Bekhit – spoke in support of a ceasefire resolution Member of the Public Jim Evangelist – spoke in support of a ceasefire resolution Member of the Public Mandy R – spoke in support of a ceasefire resolution Member of the Public Jacob R – spoke in support of a ceasefire resolution

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Member of the Public Nicole Hanhan – spoke in support of a ceasefire resolution Member of the Public Justin Fang – spoke in support of a ceasefire resolution Member of the Public Thomas Joseph – spoke in support of a ceasefire resolution Member of the Public Rami Asia – spoke in support of a ceasefire resolution Member of the Public Matt Jones – spoke in support of a ceasefire resolution Member of the Public Fadi Jade – spoke in support of a ceasefire resolution Member of the Public Rawan – spoke in support of a ceasefire resolution Member of the Public Heba Noor – spoke in support of a ceasefire resolution Member of the Public Wesam Dawah– spoke in support of a ceasefire resolution Member of the Public Samer Saddi – spoke in support of a ceasefire resolution Member of the Public Aaron – spoke in support of a ceasefire resolution Member of the Public Amber Abugharbien – spoke in support of a ceasefire resolution The City Council meeting recessed at 7:48 pm and reconvened at 7:53 pm

5. ANNOUNCEMENTS/PRESENTATIONS
a. Presidential Primary Election will be held on March 5, 2024. Vote Centers in San Bruno will be located at Carlton Corners (Girl Scout House), 299 Carlton Avenue and the Courtyard by Marriott, 1050 Bayhill Drive. Vote Centers will be open March 2nd – 4th from 9 am - 5 pm and on Election Day, March 5th from 7 am - 8 pm. Ballot Drop Off Boxes are located outside of City Hall at 570 Linden Avenue and in Senior Center Parking Lot located at 1555 Crystal Springs Road. For more information, please contact the San Mateo Elections Division at (650) 312-5222 or go to smcacre.gov b.
c.

Issue Proclamation Recognizing March as National Women’s History Month Receive General Update from the San Mateo County Mosquito & Vector Control District Due to technical issues Item c was presented after the Consent Calendar CalCities Legislative Update
Public Affairs Manager Seth Miller presented the item to the City Council and answered questions

6. CONSENT CALENDAR
a. Approve Accounts Payable for February 12, 2024 and February 20, 2024 b. Accept Payroll for February 11, 2024
c. Approve Investment Report dated January 31, 2024
d. Approve Reconciliation of General Ledger to Bank Report Dated August 31, 2023, September 30, 2023, October 31, 2023, November 30,2023 and December 31,2023 e. Consider Adoption of a Resolution Rejecting All Bids and Authorizing Staff to Re- advertise for the Huntington Avenue Bicycle and Pedestrian Improvements Project f. Consider Adoption of a Resolution Authorizing the City Manager to Execute an Amendment to the Agreement with Bellecci & Associates, Inc. for Design and Construction Support Services in the Amount Not to Exceed $387,648 for the 2023- 24 and 2024-25 Street Rehabilitation Project
No items were pulled by the City Council for a separate vote.

Item f – Councilmember M. Medina pulled the item for comments and questions.

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Public Works Director Matt Lee answered questions
Member of the Public Justin Fang – spoke about Item f
Member of the Public Matt Jones – spoke about Item f
Member of the Public Stephanie A – spoke about Item e
M/S Hamilton/Salazar to approve the consent calendar. The motion passed 4-0 with Councilmember Alvarez on an absence.

Returned to remaining item under 5. Announcements/Presentations Item c: Receive General Update from the San Mateo County Mosquito & Vector Control District
District Operation Supervisor Casey Stevenson presented the item to the City Council and answered questions
Public Comment for Announcement/Presentations
Member of the Public Maha Y – spoke about Item b
Member of the Public Stephanie A – spoke about Item b
Member of the Public Kinda D – spoke about Item b
Member of the Public Matt Jones – spoke about Item b

7. CONDUCT OF BUSINESS
a. Consider Introducing, Reading by Title Only and Waiving a Further Reading of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Adopting by Reference Chapter 4.98 of the San Mateo County Ordinance Code (Tobacco Retailer Permit); Repealing and Replacing in its Entirety San Bruno Municipal Code Chapter 6.52 (Tobacco Retailer Permit) in Connection with such Adoption; and Finding the Amendment Exempt from the California Environmental Quality Act” and Set Public Hearing on Adoption of Ordinance for March 26, 2024
Community Development Director Peter Gilli presented the item to the City Council and answered questions
City Manager Alex McIntyre answered questions
Member of the Public Thomas Joseph – spoke about tobacco stores Member of the Public Bob Gordon, San Mateo County Tobacco Education Coalition – spoke in support of the item
Members of the Public Alam Mazahreh/Tabitha – spoke in support of hookah lounge Member of the Public Eleni Katout – spoke in support of hookah Member of the Public Amber Abugharbien – spoke in support of hookah lounge Member of the Public Jamal Katout – spoke about tobacco retailer business owners Member of the Public Neda Jamaly – spoke in support of hookah lounge Member of the Public Justin – spoke in support of hookah lounge Member of the Public Al Abdalrahim – spoke in support of hookah lounge Member of the Public Rami Asia – spoke in support of hookah lounge Member of the Public Wesam Dawah – spoke in support of the hookah lounge City Attorney Trisha Ortiz answered questions
Item was continued and will be brought back to the City Council at a future meeting

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b. Receive Report on the City's Long-Range Forecast for Fiscal Years 2024-25 through Fiscal Year 2033-34
Chief Financial Officer Nick Pegueros presented the item to the City Council and answered questions
Member of the Public Eleni Katout – spoke about 1% transfer tax Member of the Public Jamal Katout – spoke about CityNet City Manager Alex McIntyre made comments and answered questions No reportable action was taken
c. Receive Recommendation from the Ballot Measure Ad Hoc Committee and Provide Direction to City Staff
Chief Financial Officer Nick Pegueros presented the item to the City Council and answered questions
Member of the Public Justin F – spoke about taxes
Member of the Public Matt Jones – spoke about different funding sources City Attorney Trisha Ortiz answered questions
City Manager Alex McIntyre provided comments and answered questions No reportable action was taken
M/S M. Medina/Hamilton to extend the meeting by 30 minutes. Motion passed 4-0 with Councilmember Alvarez on an absence
d. Consider Adoption of a Resolution Amending the 2023-24 Budget Chief Financial Officer Nick Pegueros provided an oral report to the City Council and answered questions
No members of the public wished to speak under this item M/S Hamilton/Salazar to adopt the resolution to amend staff’s recommendation to include an appropriation of $135,000 in the general fund to support the ballot measure exploration for November 2024. Motion passed 4-0 with Councilmember Alvarez on an absence

8. COUNCIL COMMITTEE REPORT OUT
Councilmember M. Medina
• League of CA Cities, Mayor and Council Member Conference Councilmember Hamilton
• Airport Land Use Committee

9. COMMENTS FROM COUNCIL MEMBERS
Councilmember Hamilton
• Second Harvest Food Distribution at Bell Aire School

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10. ADJOURNMENT
The meeting adjourned at 11:09 pm. The next Regular City Council Meeting will be held on M
arch 12, 2024 at 7:00 pm.

Thes
e City Council meeting minutes were prepared by Lupita Huerta, City Clerk, and presented to the City Council for approval at the regular meeting of April 9, 2024. ______________________________ ______________________________ Lupita Huerta
City Clerk
Rico E. Medina
Mayor
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: March 11, 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 207906 through 208018 inclusive, totaling $626,757.27 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 $232,900.61
006 American Rescue Plan Act $3,899.05
121 Federal/State Grants $4,313.75
122 Solid Waste/Recycle $38,437.58
132 Agency On Aging $2,624.93
133 Restricted Revenues $363.39
137 Developer Project Contributions $32,444.50
201 Parks and Facilities Capital $16,301.52
203 Street Improvement Projects $14,296.32
207 Technology Capital $6,000.00
611 Water Fund $84,693.43
621 Stormwater Fund $177.17
631 Wastewater Fund $43,843.62
641 CityNet Services Fund $75,092.11
701 Central Garage $191.21
702 Facility Maintenance Fund $26,499.90
703 General Equipment Revolving $26,182.86
707 Technology Development $5,433.32
711 Self-Insurance $13,062.00
TOTAL FOR APPROVAL $626,757.27
Respectfully submitted,
_________________________
Chief Financial Officer Date
DocuSign Envelope ID: A6CC2E7C-B1CE-4463-BCAE-C74FCF1E8C02 3/14/2024
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Item 6b.
3/11/2024 12:32:36PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0016499 ACTION SPORTS 207906 3,099.383/11/2024
0000858 ADECCO EMPLOYMENT SERVICES 207907 4,995.523/11/2024 0111348 ALEJANDRA AGUILAR 207908 12.303/11/2024
0018976 ALPHA ANALYTICAL LAB. INC. 207909 1,460.003/11/2024 0104542 ALTA LANGUAGE SERVICES, INC. 207910 118.203/11/2024 0105963 AM CONSERVATION GROUP, INC. 207911 560.373/11/2024 0106225 ARIES INDUSTRIES, INC. 207912 435.553/11/2024 0016123 AT&T 207913 532.733/11/2024
0017191 AT&T 207914 350.103/11/2024
0015110 AT&T MOBILITY 207915 201.863/11/2024
0105649 ATLAS PLUMBING AND ROOTER,INC. 207916 7,500.003/11/2024 0107986 ATLAS PLUMBING AND ROOTER,INC. 207917 395.003/11/2024 0000345 BAKER & TAYLOR BOOKS 207918 1,079.453/11/2024 0104781 BARTLE WELLS ASSOCIATES 207919 14,623.883/11/2024 0110591 BAVCO 207920 3,526.993/11/2024
0001849 BAY AREA WATER SUPPLY & CONSERVATION AGENCY 208002 983.003/11/2024 0105553 BELLECCI & ASSOCIATES, INC. 207921 231.003/11/2024 0109661 BIRITE FOODSERVICE DISTRIBUTORS 207947 768.033/11/2024 0110788 BLAISDELL'S BUSINESS PRODUCTS 207922 355.933/11/2024 0096550 CABLECOM 207923 19,509.293/11/2024
0102989 CALIFORNIA DIESEL & POWER 207924 5,226.803/11/2024 0109223 CAN DO FLOORING LLC 207926 3,500.003/11/2024
0110323 CAPF 207927 855.503/11/2024
0106548 CAPITAL ONE TRADE CREDIT 207928 809.773/11/2024 0093690 CAPUCHINO SPORTS BOOSTERS CLUB 207929 328.003/11/2024 0017284 CHEMSEARCHFE 207930 886.033/11/2024
0016324 CINTAS CORPORATION #464 207931 478.803/11/2024 0016324 CINTAS CORPORATION #464 207932 105.723/11/2024 0000227 CITY OF SAN BRUNO-UTILITY 207933 503.803/11/2024 0109639 CLAREMONT BEHAVIORAL SVCS,INC. 207934 753.753/11/2024 0111349 CODY VENTURINI 208014 12.303/11/2024
0109788 CORE & MAIN LP 207937 6,060.053/11/2024
0105811 CSAC EXCESS INSURANCE AUTHORITY 207942 14,072.463/11/2024 0018331 CSG CONSULTANTS INC. 207938 406.253/11/2024
0103149 DANIELE CONSTRUCTION 207939 600.003/11/2024
0109577 DIRECTWORX 207940 1,983.383/11/2024
0101178 DISCOUNT PLUMBING 207941 9,000.003/11/2024
0111346 ESAU ZOAMBRANO 208018 1,000.003/11/2024
0101854 FAUSTO ROSAS 207992 31.693/11/2024
0107401 FERGUSON ENTERPRISES,LLC#3326 207944 123.763/11/2024 0109510 FIRST ALARM 207946 1,408.253/11/2024
0109776 FRESH LINE PRODUCE 207949 794.503/11/2024
0018272 GALE/CENGAGE LEARNING 207950 34.273/11/2024
0016861 GAMETIME 207951 21,768.493/11/2024
0111342 GCSF PAVER & LANDSCAPE 207952 2,000.003/11/2024 0105998 GHD, INC. 207953 1,240.753/11/2024
0111210 GHIRARDELLI ASSOCIATES, INC. 207954 36,116.003/11/2024 0108415 GOLDEN BAY CONSTRUCTION, INC. 207955 67,428.993/11/2024 0000162 GRAINGER 207956 1,224.383/11/2024
0017900 GREAT LAKES DATA SYSTEMS INC 207957 2,300.003/11/2024 0108302 GRIFFIN STRUCTURES, INC. 207958 10,070.003/11/2024 0109121 INFORMATION PROFESSIONALS,INC. 207959 480.003/11/2024 0107681 INTERIOR MOTIONS 207960 5,433.323/11/2024
Page: 1
DocuSign Envelope ID: A6CC2E7C-B1CE-4463-BCAE-C74FCF1E8C02

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3/11/2024 12:32:36PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0111351 JASON LUJAN 207971 20.743/11/2024
0108549 JEANETTE M FEINBERG 207943 75.603/11/2024
0111153 JERI EILEEN MCGOVERN 207974 334.803/11/2024
0111352 JORDAN MONAHAN 207979 10.753/11/2024
0018376 JT2 INTEGRATED RESOURCES 207961 13,062.003/11/2024 0000075 K-119 TOOLS OF CALIFORNIA INC. 207962 102.573/11/2024 0018050 KAISER FOUNDATION HEALTH PLAN 207963 5,495.863/11/2024 0096379 KAREN OJAKIAN 207982 223.203/11/2024
0017661 KATHY M SCHMIDT 207995 1,739.703/11/2024
0107201 KERMANI CONSULTING GROUP(KCG) 207964 4,313.753/11/2024 0103799 LDVALI LLC 207965 427.503/11/2024
0110878 LEFEVRE WELDING, INC. 207966 4,125.003/11/2024 0017570 LEHR AUTO ELECTRIC 207967 26,182.863/11/2024
0093274 LINDSTROM CO 207968 2,000.003/11/2024
0017924 LORAL LANDSCAPING INC. 207970 2,100.003/11/2024 0111345 LYNDEN RICHMOND 207972 232.443/11/2024
0109097 M-GROUP 207976 2,713.753/11/2024
0111125 MECHANISM EXCHANGE&REPAIR,INC. 207975 13,090.323/11/2024 0092285 MICROMARKETING LLC 207977 94.773/11/2024
0001709 MILLBRAE LOCK 207978 2,625.143/11/2024
0110243 ODP BUSINESS SOLUTIONS, LLC 207981 81.873/11/2024 0000012 PACIFIC GAS & ELECTRIC 207983 61,297.953/11/2024 0108589 PERFORMANCE FOODSERVICE-LEDYARD 207948 979.403/11/2024 0108277 PIVOT GROUP LLC 207984 4,600.003/11/2024
0111229 PORTER CAPITAL CORPORATION 207985 6,000.003/11/2024 0000285 PREFERRED ALLIANCE, INC. 207986 447.363/11/2024 0000175 RECOLOGY SAN BRUNO 207987 1,817.273/11/2024
0107432 RED WING BRANDS OF AMERICA,INC 207988 359.283/11/2024 0106293 ROBERT HALF 207991 5,287.603/11/2024
0108539 ROSALIE L. STEINWAY 207998 157.503/11/2024
0111347 RUTH MATTES 207973 129.943/11/2024
0111341 SAMUEL C. SANCHEZ 207994 250.003/11/2024
0018597 SAN MATEO DAILY JOURNAL 207993 1,908.003/11/2024 0110499 SAN MATEO RESOURCE CONSERVATION DISTRICT 207990 8,004.933/11/2024 0108537 SCOTT TONG 208011 67.053/11/2024
0018962 SHOE DEPOT INC. 207996 1,641.693/11/2024
0017676 SIEMENS INDUSTRY, INC. 207997 2,747.403/11/2024 0109626 SOUTHERN FIBERNET COMMUNICATIONS LLC 207945 25,012.883/11/2024 0017857 STERICYCLE, INC. 207999 161.053/11/2024
0105796 SUNRISE FOOD DISTRIBUTOR INC. 208000 118.003/11/2024 0108104 SUPERIOR AUTOMATIC SPRINKLER 208001 1,122.893/11/2024 0095565 SWINERTON BUILDERS 208003 16,961.003/11/2024
0018073 TEAMSTERS LOCAL 350 208004 3,080.003/11/2024
0015691 TEAMSTERS LOCAL 856 208005 13,257.003/11/2024 0015671 TECHNOLOGY, ENGINEERING & CONSTRUCTION, INC. 207936 2,537.593/11/2024 0000241 THE ADAM-HILL COMPANY 208006 276.863/11/2024
0108402 THE HOME DEPOT PRO 208007 4,273.323/11/2024
0108402 THE HOME DEPOT PRO 208008 82.353/11/2024
0109659 THE WEBSTAURANT STORE 208009 30,432.653/11/2024 0097449 TK ELEVATOR CORPORATION 208010 1,109.303/11/2024 0111350 TORIANNA LOMAX 207969 20.693/11/2024
0110140 TRUE NORTH COMPLIANCE SERVICES, INC 207980 18,346.853/11/2024 0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 207989 4,655.953/11/2024 0108413 UNITED CALIFORNIA FIRE PROTECTION 207925 564.003/11/2024 Page: 2
DocuSign Envelope ID: A6CC2E7C-B1CE-4463-BCAE-C74FCF1E8C02

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Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0098899 UNLIMITED TOOL & EQUIP.REPAIR 208012 160.993/11/2024 0096844 USA BLUE BOOK 208013 626.973/11/2024
0105955 WEST COAST CODE CONSULTANTS, INC. 207935 35,948.573/11/2024 0104660 WEST YOST ASSOCIATES, INC. 208015 8,125.503/11/2024 0108261 WOODARD & CURRAN 208016 14,352.503/11/2024
0104033 ZCORUM, INC. 208017 13,006.783/11/2024
Total count: 113
GrandTotal: 626,757.27
Page: 3
DocuSign Envelope ID: A6CC2E7C-B1CE-4463-BCAE-C74FCF1E8C02

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: March 19, 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 208019 through 208140 inclusive, totaling $1,759,098.59 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 $129,764.32
132 Agency On Aging $1,934.15
137 Developer Project Contributions $22,375.77
201 Parks and Facilities Capital $87,926.00
203 Street Improvement Projects $38,027.44
207 Technology Capital $6,000.00
302 Lease Debt Service $1,665.00
611 Water Fund $57,424.23
621 Stormwater Fund $1,138.19
631 Wastewater Fund $1,240,738.34
641 CityNet Services Fund $41,394.07
701 Central Garage $15,541.82
702 Facility Maintenance Fund $16,765.20
707 Technology Development $31,148.33
711 Self-Insurance $67,255.73
TOTAL FOR APPROVAL $1,759,098.59

Respectfully submitted,

_________________________
Chief Financial Officer Date
DocuSign Envelope ID: BF748E0D-1FD6-4CFB-88AA-D0D8CECBF82E 3/19/2024

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3/19/2024 12:46:33PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0107770 A & D AUTOMATIC GATE COMPANY 208019 699.463/19/2024 0001170 AIRGAS USA, LLC 208020 252.453/19/2024
0000163 AIRPORT AUTO PARTS INC. 208021 97.483/19/2024 0018976 ALPHA ANALYTICAL LAB. INC. 208022 16,012.003/19/2024 0096700 ANDY'S WHEELS & TIRES 208023 1,098.523/19/2024 0109246 AQUA METRIC SALES, CO. 208024 20,074.173/19/2024 0106225 ARIES INDUSTRIES, INC. 208025 4,490.393/19/2024 0000118 ART'S PENINSULA LOCKSMITH 208026 65.933/19/2024 0018858 ARTHUR QUIROZ 208105 55.953/19/2024
0016123 AT&T 208027 816.183/19/2024
0015110 AT&T MOBILITY 208028 1,136.623/19/2024
0018465 AT&T MOBILITY 208029 191.863/19/2024
0111353 AXE SIGNS+WAYFINDING INC. 208030 4,842.503/19/2024 0017431 BAY AREA AIR QUALITY MANAGEMENT DISTRICT 208103 572.003/19/2024 0108691 BEAR CLOUD TECHNOLOGIES, INC. 208031 9,625.003/19/2024 0109646 BIO CAR CARE 208032 1,425.003/19/2024
0111356 BRENDA/DAVID PATON 208096 89.343/19/2024
0106437 CALIX, INC. 208033 777.003/19/2024
0106548 CAPITAL ONE TRADE CREDIT 208034 179.403/19/2024 0000729 CERTIFIED LABORATORIES, INC. 208035 866.313/19/2024 0013965 CH BULL CO. 208036 1,424.423/19/2024
0017284 CHEMSEARCHFE 208037 450.493/19/2024
0016324 CINTAS CORPORATION #464 208038 1,514.223/19/2024 0000227 CITY OF SAN BRUNO-UTILITY 208039 40.003/19/2024 0000386 CITY OF SOUTH SAN FRANCISCO 208040 1,212,432.543/19/2024 0110074 COGENT COMMUNICATIONS, INC. 208042 4,000.003/19/2024 0109998 CONSOR PMCM, INC. 208043 9,711.103/19/2024
0109957 CORETECH LEASING, INC. 208044 2,583.143/19/2024 0110941 CORODATA RECORDS MANAGEMENT, INC. 208106 52.953/19/2024 0111364 COUNTY EXECUTIVE'S OFFICE 208045 130.003/19/2024 0015857 COUNTY OF SAN MATEO 208046 82.253/19/2024
0002012 CPS HR CONSULTING 208047 13,830.003/19/2024
0110952 CRAFCO, INC. 208048 4,341.103/19/2024
0018331 CSG CONSULTANTS INC. 208049 19,800.003/19/2024 0097934 CWEA-TCP 208050 442.003/19/2024
0108696 DAVID J POWERS AND ASSOCIATES, INC. 208102 15,825.003/19/2024 0018169 DELL MARKETING L.P. 208052 10,741.003/19/2024 0018673 DENNIS BOSCH 208053 500.003/19/2024
0109577 DIRECTWORX 208054 2,432.053/19/2024
0101178 DISCOUNT PLUMBING 208055 6,000.003/19/2024
0111319 EARTHPLANTER 208056 4,975.003/19/2024
0001646 ECOLAB INC. 208057 1,133.753/19/2024
0017300 ENVIRONMENTAL HEALTH FEE 208059 840.503/19/2024 0111355 ESTHER PEREZ 208099 10.573/19/2024
0106045 EXAMINETICS, INC. 208060 4,170.003/19/2024
0106234 FASTRAK INVOICE PROCESSING DEPT. 208076 7.003/19/2024 0000944 FEDEX 208061 82.513/19/2024
0111360 FILOMENA TAURIAN 208123 21.953/19/2024
0109510 FIRST ALARM 208062 1,730.133/19/2024
0018117 FLYERS ENERGY, LLC 208064 12,240.533/19/2024
0109776 FRESH LINE PRODUCE 208066 1,231.753/19/2024
0018939 GLADWELL GOV'T SERVICES INC. 208067 500.003/19/2024 0104135 GLOBAL TRACKING COMMUNICATIONS, INC. 208127 376.953/19/2024 Page: 1
DocuSign Envelope ID: BF748E0D-1FD6-4CFB-88AA-D0D8CECBF82E

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Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0000162 GRAINGER 208068 2,955.623/19/2024
0095966 GREAT AMERICA FINANCIAL SVC. 208069 575.423/19/2024 0108302 GRIFFIN STRUCTURES, INC. 208070 10,980.003/19/2024 0096946 HDR ENGINEERING, INC. 208073 12,396.843/19/2024 0018838 INFOSEND, INC. 208074 4,524.913/19/2024
0015531 INTERSTATE BATTERY SYS. OF SF 208075 546.113/19/2024 0111359 JACOB STEIGER 208121 6.143/19/2024
0018852 JAMES CACCIA PLUMBING INC. 208077 9,000.003/19/2024 0017959 JARROD HARDEN 208071 500.003/19/2024
0111153 JERI EILEEN MCGOVERN 208084 45.903/19/2024
0111358 JILLIAN DAY 208051 7.853/19/2024
0000771 JT2 INTEGRATED RESOURCES 208078 67,255.733/19/2024 0111091 KBM-HOGUE 208080 13,597.313/19/2024
0110994 KRUEGER INTERNATIONAL, INC. 208081 54,097.443/19/2024 0110309 LOOKINGPOINT, INC. 208082 3,818.433/19/2024
0017026 LYNX TECHNOLOGIES, INC. 208083 5,025.003/19/2024 0111313 MELISSA TRAVIS 208128 500.003/19/2024
0016041 METROMOBILE COMMUNICATIONS 208085 195.003/19/2024 0092285 MICROMARKETING LLC 208086 131.073/19/2024
0110443 MILLBRAE COMMUNITY TELEVISION 208087 3,053.323/19/2024 0001709 MILLBRAE LOCK 208088 168.003/19/2024
0103600 MOMENTUM TELECOM, INC. 208089 7,667.973/19/2024 0106447 MOORE,IACOFANO, GOLTSMAN, INC. 208090 9,251.253/19/2024 0000357 NATIONAL CABLE TV CO-OP, INC. 208091 196.193/19/2024 0111055 O'REILLY AUTO PARTS 208094 325.293/19/2024
0110243 ODP BUSINESS SOLUTIONS, LLC 208092 240.323/19/2024 0097567 ONE HOUR DRY CLEANING 208093 1,841.003/19/2024 0000012 PACIFIC GAS & ELECTRIC 208095 14,606.933/19/2024 0111357 PAUL SEVIERI 208112 27.193/19/2024
0001154 PENINSULA LIBRARY SYSTEM 208097 284.203/19/2024 0001327 PENINSULA PUMP & EQUIPMENT INC 208098 1,588.463/19/2024 0108589 PERFORMANCE FOODSERVICE-LEDYARD 208065 112.403/19/2024 0017260 PETERSON TRUCKS, INC. 208100 1,566.753/19/2024 0111229 PORTER CAPITAL CORPORATION 208101 6,000.003/19/2024 0013981 QUILL CORPORATION 208104 56.763/19/2024
0107432 RED WING BRANDS OF AMERICA,INC 208107 142.733/19/2024 0106293 ROBERT HALF 208108 5,287.603/19/2024
0017145 SAN MATEO LAWN MOWER SHOP 208109 653.403/19/2024 0105552 SCHAAF & WHEELER 208110 990.003/19/2024
0018461 SERRAMONTE FORD, INC. 208111 1,870.473/19/2024 0103732 SFO MEDICAL CLINIC 208113 2,227.003/19/2024
0097626 SHARP ELECTRONICS CORP. 208114 1,144.883/19/2024 0018962 SHOE DEPOT INC. 208115 275.633/19/2024
0109953 SHRED CITY 208116 63.723/19/2024
0016458 SIADAT ENTERPRISES INC. 208117 73.753/19/2024 0016854 SIMONDS MACHINERY CO. 208118 800.003/19/2024
0104787 SINGER ASSOCIATES, INC. 208119 6,550.773/19/2024 0017508 SOUTH CITY LUMBER AND SUPPLY 208120 324.943/19/2024 0105796 SUNRISE FOOD DISTRIBUTOR INC. 208122 590.003/19/2024 0002025 TELECOMMUNICATIONS ENGINEERING ASSOCIATES 208058 85.003/19/2024 0108402 THE HOME DEPOT PRO 208124 1,483.993/19/2024
0108402 THE HOME DEPOT PRO 208125 82.353/19/2024
0100642 THOMAS FLOWER 208063 7.813/19/2024
0110160 TIMOTHY AND LELYN HARVEY 208072 4,000.003/19/2024 Page: 2
DocuSign Envelope ID: BF748E0D-1FD6-4CFB-88AA-D0D8CECBF82E

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3/19/2024 12:46:33PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 3
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0097449 TK ELEVATOR CORPORATION 208126 554.803/19/2024 0110944 TRAVIS M. KARLEN 208079 1,327.013/19/2024
0103736 TURF STAR, INC. 208129 1,635.723/19/2024
0001362 TV GUIDE MAGAZINE, LLC 208130 48.473/19/2024
0018313 U.S. BANK 208131 1,665.003/19/2024
0102744 UNIVERSAL BUILDING SERVICES 208132 10,237.963/19/2024 0098625 UPS 208133 24.933/19/2024
0111362 WATERWORKS INDUSTRIES, INC. 208134 1,800.003/19/2024 0104233 WAVE 208135 17,950.003/19/2024
0016899 WECO INDUSTRIES LLC 208136 4,999.313/19/2024
0096767 WEST COAST ARBORISTS, INC. 208137 3,822.003/19/2024 0105955 WEST COAST CODE CONSULTANTS, INC. 208041 38,627.103/19/2024 0096893 WILSEY HAM 208138 15,919.503/19/2024
0111361 WIND CONSTRUCTION 208139 3,500.003/19/2024
0109476 WORLDPAC INC 208140 167.493/19/2024
Total count: 122
GrandTotal: 1,759,098.59
Page: 3
DocuSign Envelope ID: BF748E0D-1FD6-4CFB-88AA-D0D8CECBF82E

22 of 304

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: March 25, 2024

TO: Honorable Mayor and Members of the City Council

FROM: Alex D. McIntyre, City Manager

PREPARED BY: Darcy Smith, Acting 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 208141 through 208229 inclusive, totaling $601,628.51 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 $129,080.91
121 Federal/State Grants $198,133.70
132 Agency On Aging $1,886.77
133 Restricted Revenues $5,664.81
137 Developer Project Contributions $18,742.60
201 Parks and Facilities Capital $1,725.00
203 Street Improvement Projects $3,735.00
207 Technology Capital $6,000.00
611 Water Fund $70,995.72
621 Stormwater Fund $250.00
631 Wastewater Fund $38,218.67
641 CityNet Services Fund $86,854.66
651 Parking Fund $175.00
701 Central Garage $463.07
702 Facility Maintenance Fund $18,374.99
707 Technology Development $2,593.30
711 Self-Insurance $18,734.31
TOTAL FOR APPROVAL $601,628.51

Respectfully submitted,

_________________________
Acting Chief Financial Officer Date
DocuSign Envelope ID: FBFE83AB-6DE0-40C8-AE82-4E4E628EE316 3/25/2024

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3/25/2024 10:03:57AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 1
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0096852 ABAG PLAN CORPORATION 208142 18,734.313/25/2024 0104680 ACCESS 24 COMMUNICATIONS INC. 208143 546.403/25/2024 0106435 ACTION TOWING & ROAD SVC. INC. 208144 148.503/25/2024 0000858 ADECCO EMPLOYMENT SERVICES 208145 5,334.403/25/2024 0000163 AIRPORT AUTO PARTS INC. 208146 17.673/25/2024 0106427 AK & COMPANY 208147 2,500.003/25/2024
0110783 ALEX MCINTYRE 208188 54.963/25/2024
0110697 AMAZON CAPITAL SERVICES 208148 540.443/25/2024 0018746 AMERICAN LIBRARY ASSOCIATION 208149 524.003/25/2024 0016123 AT&T 208150 700.453/25/2024
0017191 AT&T 208151 57.233/25/2024
0015110 AT&T MOBILITY 208152 603.613/25/2024
0000345 BAKER & TAYLOR BOOKS 208153 7,764.163/25/2024 0100526 BAY ALARM COMPANY 208154 921.873/25/2024
0017431 BAY AREA AIR QUALITY MANAGEMENT DISTRICT 208205 1,052.003/25/2024 0001849 BAY AREA WATER SUPPLY & CONSERVATION AGENCY 208219 1,985.003/25/2024 0105737 BAY CITIES PYROTECTOR, INC. 208155 510.003/25/2024 0018688 BEST BEST & KRIEGER LLP 208156 328.003/25/2024 0017361 BOETHING TREELAND FARMS, INC. 208157 1,146.503/25/2024 0000378 BROADMOOR LANDSCAPE SUPPLY 208158 358.013/25/2024 0000098 BRODART CO. 208159 96.843/25/2024
0102989 CALIFORNIA DIESEL & POWER 208160 7,297.553/25/2024 0106437 CALIX, INC. 208161 4,637.453/25/2024
0106548 CAPITAL ONE TRADE CREDIT 208162 1,239.433/25/2024 0100470 CARROT-TOP INDUSTRIES, INC. 208163 1,373.483/25/2024 0016324 CINTAS CORPORATION #464 208164 569.613/25/2024 0000386 CITY OF SOUTH SAN FRANCISCO 208165 3,914.143/25/2024 0000508 CLEARLITE TROPHIES 208166 116.473/25/2024
0018911 COMCAST CABLE COMMUNICATIONS 208167 12,676.403/25/2024 0111326 COMMSCOPE TECHNOLOGIES, LLC 208168 42,331.743/25/2024 0111366 CONTRACTORS ELECTRICAL DISTRIBUTORS, INC. 208173 1,263.563/25/2024 0110432 CORPORATION OF THE FINE ARTS MUSEUM 208193 150.003/25/2024 0091607 COUNTY OF SAN MATEO 208169 205.003/25/2024
0018331 CSG CONSULTANTS INC. 208170 910.003/25/2024
0018188 DAU PRODUCTS 208171 4,174.213/25/2024
0108696 DAVID J POWERS AND ASSOCIATES, INC. 208203 3,253.753/25/2024 0013683 F. FERRANDO & CO. 208174 12,359.003/25/2024
0018117 FLYERS ENERGY, LLC 208175 11,005.173/25/2024
0017720 FOX TELEVISION STATIONS, INC. 208177 10,115.203/25/2024 0102869 FRANCHISE TAX BOARD 208178 25.003/25/2024
0109776 FRESH LINE PRODUCE 208179 336.003/25/2024
0108388 FUN EXPRESS LLC 208180 286.833/25/2024
0000201 GAYLORD BROS., INC. 208181 1,604.813/25/2024
0104135 GLOBAL TRACKING COMMUNICATIONS, INC. 208223 27.983/25/2024 0108415 GOLDEN BAY CONSTRUCTION, INC. 208182 188,227.013/25/2024 0000162 GRAINGER 208183 2,652.073/25/2024
0000541 GRANITE ROCK COMPANY 208184 322.373/25/2024
0109502 HAULAWAY STORAGE CONTAINERS, INC. 208216 255.363/25/2024 0108488 HINDERLITER DE LLAMAS & ASSOCIATES 208172 2,188.413/25/2024 0108718 J. SNELL & CO., INC. 208185 44.973/25/2024
0111153 JERI EILEEN MCGOVERN 208187 160.203/25/2024
0104335 LEXIPOL LLC 208186 10,809.943/25/2024
0109097 M-GROUP 208189 2,275.003/25/2024
Page: 1
DocuSign Envelope ID: FBFE83AB-6DE0-40C8-AE82-4E4E628EE316

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3/25/2024 10:03:57AM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0092285 MICROMARKETING LLC 208190 67.993/25/2024
0103301 NHL NETWORK US, LP 208191 825.443/25/2024
0111055 O'REILLY AUTO PARTS 208196 239.623/25/2024
0110243 ODP BUSINESS SOLUTIONS, LLC 208192 804.193/25/2024 0097567 ONE HOUR DRY CLEANING 208195 689.853/25/2024
0104416 OVERDRIVE, INC. 208197 238.983/25/2024
0000012 PACIFIC GAS & ELECTRIC 208198 37,650.633/25/2024 0000101 PACIFIC NURSERIES 208199 1,329.013/25/2024
0001327 PENINSULA PUMP & EQUIPMENT INC 208200 31,827.193/25/2024 0108589 PERFORMANCE FOODSERVICE-LEDYARD 208176 1,019.773/25/2024 0000294 PITNEY BOWES 208201 2,593.303/25/2024
0111229 PORTER CAPITAL CORPORATION 208202 6,000.003/25/2024 0017643 PSI WATER TECHNOLOGIES, INC. 208204 152.693/25/2024 0013981 QUILL CORPORATION 208206 153.813/25/2024
0110332 RICHARDS,WATSON&GERSHON A PROFESSIONAL CORP. 208141 87,418.223/25/2024 0106293 ROBERT HALF 208208 5,287.603/25/2024
0018597 SAN MATEO DAILY JOURNAL 208209 2,304.003/25/2024 0017145 SAN MATEO LAWN MOWER SHOP 208210 427.013/25/2024 0018461 SERRAMONTE FORD, INC. 208211 57.623/25/2024
0097626 SHARP ELECTRONICS CORP. 208212 143.253/25/2024 0101667 SHELL DOOR SERVICE 208213 2,921.133/25/2024
0000216 SHOWTIME NETWORKS INC. 208214 761.933/25/2024 0103492 SMITHSONIAN NETWORKS 208215 119.353/25/2024
0111232 STRATEGIC CULTURE 208217 404.063/25/2024
0105796 SUNRISE FOOD DISTRIBUTOR INC. 208218 531.003/25/2024 0096932 TASC 208220 194.483/25/2024
0108102 TESLA ENGERY 208221 395.203/25/2024
0103559 THE MLB NETWORK, LLC 208222 884.403/25/2024
0018275 THE REGENTS OF THE UNIVERSITY OF CA 208194 306.123/25/2024 0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 208207 174.863/25/2024 0018618 UNITED SITE SERVICES INC. 208224 325.933/25/2024 0102744 UNIVERSAL BUILDING SERVICES 208225 8,718.783/25/2024 0096844 USA BLUE BOOK 208226 1,204.253/25/2024
0108652 WATER WORKS ENGINEERS, LLC 208227 31,998.853/25/2024 0096893 WILSEY HAM 208228 554.003/25/2024
0110037 ZAYO GROUP, LLC 208229 2,171.543/25/2024
Total count: 89
GrandTotal: 601,628.51
Page: 2
DocuSign Envelope ID: FBFE83AB-6DE0-40C8-AE82-4E4E628EE316

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: April 1, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Esther Garibay, Acting 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 208230 through 208321 inclusive, totaling $2,102,983.56 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 -$31,016.75
132 Agency On Aging $602.00
137 Developer Project Contributions $29,611.01
201 Parks and Facilities Capital $1,233,485.22
203 Street Improvement Projects $703,255.63
611 Water Fund $51,939.51
621 Stormwater Fund $12,831.12
631 Wastewater Fund $31,999.62
641 CityNet Services Fund $17,484.93
701 Central Garage $17,199.98
702 Facility Maintenance Fund $24,472.50
707 Technology Development $11,118.79
TOTAL FOR APPROVAL $2,102,983.56
Respectfully submitted,
_________________________
Acting Chief Financial Officer Date
DocuSign Envelope ID: 45D87E50-154B-4185-A28C-9096A64EAC52 4/2/2024
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4/1/2024 12:35:44PM
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 208230 4,889.624/1/2024 0105963 AM CONSERVATION GROUP, INC. 208231 301.064/1/2024 0096700 ANDY'S WHEELS & TIRES 208233 1,947.014/1/2024 0016123 AT&T 208234 146.234/1/2024
0015110 AT&T MOBILITY 208235 1,520.594/1/2024
0018465 AT&T MOBILITY 208236 90.144/1/2024
0108691 BEAR CLOUD TECHNOLOGIES, INC. 208238 350.004/1/2024 0111324 BETTER EARTH ELECTRIC INC 208239 707.204/1/2024 0109646 BIO CAR CARE 208240 1,225.004/1/2024
0018408 BOB ANDERSEN 208232 85.184/1/2024
0111191 BOK MODERN LLC 208241 2,500.004/1/2024
0111377 BRISBANE RECYCLING CO., INC. 208242 58.804/1/2024 0108182 C2R ENGINEERING, INC. 208244 1,195.184/1/2024 0018048 CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. 208278 187.584/1/2024 0106676 CBS SPORTS NETWORK 208245 2,148.004/1/2024
0017843 CENTRAL COUNTY FIRE DEPT. 208246 33,582.004/1/2024 0016324 CINTAS CORPORATION #464 208247 872.124/1/2024 0016324 CINTAS CORPORATION #464 208248 70.554/1/2024
0109998 CONSOR PMCM, INC. 208250 25,631.874/1/2024
0091607 COUNTY OF SAN MATEO 208252 1,230.004/1/2024
0018331 CSG CONSULTANTS INC. 208253 280.004/1/2024
0094648 DALEO, INC 208254 441.564/1/2024
0105820 EAST BAY TIRE CO 208255 2,629.084/1/2024
0018799 ECONOMIC&PLANNING SYSTEMS INC. 208256 3,257.504/1/2024 0106648 EMTRAIN, INC. 208257 5,000.004/1/2024
0018899 EOA INC. 208258 7,119.514/1/2024
0106349 F.A. POLI, INC. 208259 1,000.004/1/2024
0111363 FARALLON COMPANY ENGINEERING 208260 55,879.004/1/2024 0111379 FARMERS- TROWBRIDGE INSURANCE AG 208313 1,016.894/1/2024 0106348 FAST AGGREGATES PRODUCTS,INC. 208261 1,301.254/1/2024 0000944 FEDEX 208262 90.174/1/2024
0109510 FIRST ALARM 208265 160.144/1/2024
0109400 FLEETROCK, LLC 208266 500.004/1/2024
0109776 FRESH LINE PRODUCE 208268 130.004/1/2024
0018272 GALE/CENGAGE LEARNING 208269 30.754/1/2024
0108415 GOLDEN BAY CONSTRUCTION, INC. 208270 286.874/1/2024 0111375 GRACE KIM 208277 35.654/1/2024
0000162 GRAINGER 208271 383.794/1/2024
0095966 GREAT AMERICA FINANCIAL SVC. 208272 2,231.764/1/2024 0109502 HAULAWAY STORAGE CONTAINERS, INC. 208305 255.364/1/2024 0015531 INTERSTATE BATTERY SYS. OF SF 208275 526.604/1/2024 0000581 IRVINE & JACHENS INC. 208276 170.224/1/2024
0111380 JACKIE TANDY 208309 171.954/1/2024
0111331 JASMINE VELASQUEZ 208316 93.004/1/2024
0111381 JULIANA FRANCO 208267 204.814/1/2024
0109771 LATHROP CONSTRUCTION ASSOCIATES, INC. 208251 1,169,986.384/1/2024 0111372 LAWRENCE A. HERRERA 208274 29.354/1/2024
0109978 LINDE GAS & EQUIPMENT INC. 208279 184.304/1/2024 0110309 LOOKINGPOINT, INC. 208280 4,569.004/1/2024
0111373 LOUIS LUJAN 208282 86.374/1/2024
0018177 LOWE'S 208281 2,394.284/1/2024
0109532 MATRIX HG, INC. 208283 15,003.374/1/2024
0092285 MICROMARKETING LLC 208284 61.784/1/2024
Page: 1
DocuSign Envelope ID: 45D87E50-154B-4185-A28C-9096A64EAC52

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4/1/2024 12:35:44PM
Positive Pay Listing
City of San Bruno
apPosPay Page: 2
Bank: apbank 432000438Document group: komalley
Vendor Code & Name Check # Check Date Amount
0097806 O'GRADY PAVING, INC. 208286 610,611.254/1/2024 0111055 O'REILLY AUTO PARTS 208287 66.384/1/2024
0110243 ODP BUSINESS SOLUTIONS, LLC 208285 135.204/1/2024 0018701 ORKIN PEST CONTROL 208288 937.924/1/2024
0000012 PACIFIC GAS & ELECTRIC 208289 26,977.894/1/2024 0106110 PACIFIC OFFICE AUTOMATION 208290 1,408.374/1/2024 0014961 PENINSULA UNIFORMS & EQUIPMENT 208291 966.884/1/2024 0097543 PHILIP PETERSON 208292 71.694/1/2024
0107432 RED WING BRANDS OF AMERICA,INC 208294 255.924/1/2024 0103705 RICH BURMAN 208243 222.004/1/2024
0109297 RORO'S AUTO REPAIR INC. 208297 3,968.934/1/2024 0013581 ROVI GUIDES, INC. 208298 4,724.494/1/2024
0105671 SAN MATEO COUNTY EMS AGENCY 208299 87.004/1/2024 0017432 SAN MATEO COUNTY PUBLIC SAFETY COMMUNICATIONS 208293 166.504/1/2024 0105552 SCHAAF & WHEELER 208300 1,980.004/1/2024
0109773 SECURITY 101 208301 372.364/1/2024
0018461 SERRAMONTE FORD, INC. 208302 6,282.964/1/2024 0110326 SNG & ASSOCIATES, INC. 208303 2,292.004/1/2024 0017087 STAPLES 208304 56.954/1/2024
0018028 STATE WATER RESOURCES CONTROL BOARD(SWRCB) 208296 704.004/1/2024 0111376 STEPHANIE FIEL 208264 24.414/1/2024
0017036 STEVEN'S BAY AREA DIESEL SERVICE, INC. 208237 4,263.924/1/2024 0105796 SUNRISE FOOD DISTRIBUTOR INC. 208306 472.004/1/2024 0108104 SUPERIOR AUTOMATIC SPRINKLER 208307 1,112.214/1/2024 0095565 SWINERTON BUILDERS 208308 3,417.004/1/2024
0111330 TEC ACCUTITE 208310 871.004/1/2024
0017928 THE EDCCO GROUP, INC. 208311 23,434.714/1/2024 0108402 THE HOME DEPOT PRO 208312 1,717.364/1/2024
0111092 THOMAS HAMILTON 208273 1,932.004/1/2024
0110714 UNDERGROUND REPUBLIC WATER WORKS, INC. 208295 3,677.494/1/2024 0000110 UNITED TEXTILE INC 208314 139.154/1/2024
0098625 UPS 208315 2.114/1/2024
0095749 VERIZON WIRELESS 208317 5,160.984/1/2024
0105955 WEST COAST CODE CONSULTANTS, INC. 208249 1,876.004/1/2024 0000612 WESTVALLEY CONSTRUCTION CO.INC 208318 10,142.554/1/2024 0096893 WILSEY HAM 208319 3,424.504/1/2024
0108261 WOODARD & CURRAN 208320 15,391.254/1/2024
0111374 YUJING FENG 208263 24.414/1/2024
0109122 ZERO TURN POWER WASHING 208321 9,363.004/1/2024 Total count: 92
GrandTotal: 2,102,983.56
Page: 2
DocuSign Envelope ID: 45D87E50-154B-4185-A28C-9096A64EAC52

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Item 6c.
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Item 6d.

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33 of 304

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: April 9, 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 Adoption 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”
BACKGROUND:

On March 12, 2024, the City Council voted unanimously to introduce an ordinance to amend the Municipal Code to improve planning permit processes. This ordinance began on May 9, 2023, when 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 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. The Planning Commission reviewed the amendments 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:

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. There are three significant categories of process changes: (1) R-1/R-2 planning processes (single-family review); (2) Development review process outside of the R- 1/R-2 districts; and (3) Use permit processes.

City Council adopted the Planning Commission recommended ordinance except one amendment was not included. That amendment would allow administrative temporary use permits for construction yards for up to a one year with opportunities for extensions. This was removed because of concerns over enforcement of construction yards that are not well- maintained. Staff will further analyze the issue and bring this topic back with the next planned Municipal Code Amendment planned in conjunction with the re-adoption of the Housing Element.
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Item 6e.

Honorable Mayor and Members of the City Council
April 9, 2024

Page 2 of 2 ends

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 adoption of this ordinance is categorically exempt from environmental review under the California Environmental Quality Act under Sections 15301(b)(3) and 15378(b)(5), in that it is not a project that has the potential for causing a significant effect on the environment because the amendments are about changes to the processing of planning permits.

RECOMMENDATION:

1. Adopt 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”.

ALTERNATIVES:

1. Do not adopt the Ordinance.

2. Direct staff to make modifications to the ordinance; substantive modifications will require review by the Planning Commission and reintroduction of the ordinance at future City Council meetings.

ATTACHMENTS:

1. Ordinance

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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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ATTACHMENT 1
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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.

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.

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

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9 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).

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

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9 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.

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

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9 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.

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.

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9 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;

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;

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9 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 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.

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9 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

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.

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9 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 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

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9 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.

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.

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9 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.

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.).

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9 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 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.

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9 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:

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).

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9 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 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;

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9 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 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.

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9 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.

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.

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9 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.

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

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9 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 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.

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9 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
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

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9 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;

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.

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9 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 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;

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9 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.

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.

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9 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.

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

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9 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 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.

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9 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) 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.

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9 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 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.

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9 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.

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

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9 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.

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.

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9 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.

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

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9 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.

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

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9 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

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

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9 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)

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)

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9 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;

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.

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9 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

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

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9 Lot Size (sq. ft.) Adjustment Factor
7,000 0.88
7,500 0.85
8,000 0.82
8,500 0.79
9,000 0.77
9,500 0.75
10,000 0.73
10,500 0.71
11,000 0.68
11,500 0.66
12,000 0.64
12,500 0.62
13,000 0.61
13,500 0.60
14,000 0.59
14,500 0.58
15,000 0.57
15,500 0.56
16,000 0.55
16,500 0.54
17,000 0.53
17,500 0.52
18,000 0.51
18,500 0.50
19,000 0.49
19,500 0.48
20,000 0.47
>20,000 0.47

Chart 2

PERMITTED FLOOR AREA
Average Slope (percent) Floor Area Ratio (FAR)
<10 0.550
10 0.550
11 0.545
12 0.541
13 0.537
14 0.533
15 0.529

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9 Average Slope (percent) Floor Area Ratio (FAR)
16 0.524
17 0.519
18 0.514
19 0.509
20 0.505
21 0.500
22 0.495
23 0.490
24 0.485
25 0.480
26 0.475
27 0.470
28 0.465
29 0.460
30 0.456
31 0.451
32 0.446
33 0.441
34 0.436
35 0.432
36 0.427
37 0.422
38 0.417
39 0.412
40 0.407
41 0.402
42 0.397
43 0.392
44 0.387
45 0.383
>45 0.383

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.

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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.

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:
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

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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:

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;

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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
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.

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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;

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;

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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.
* 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:

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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;

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;.

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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.

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.

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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;*

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:

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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:

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.

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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. (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;*

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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:

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;*

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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;

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.

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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;*

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;

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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. 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.

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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,
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,

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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:

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.

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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;
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.

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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.

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;

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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:

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;

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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 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;

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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;

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.

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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.

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.

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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;

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;

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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.

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

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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:

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

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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.

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.

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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.

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.

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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
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 Civic / Institutional Hospitals, Nursing and Convalescence Homes 1 space per 400 square feet of floor area

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Use Category Land Uses Number of Required Parking Spaces 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.

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.

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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 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.

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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. 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.

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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 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.

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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 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.

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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.

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

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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.

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

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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.

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

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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 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

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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. 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.

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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
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.

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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.

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.

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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.

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:

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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 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:

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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.

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.

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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.

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.

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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.

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.

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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

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)

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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:

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:

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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 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.

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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.

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:

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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.

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.

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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 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:

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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 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.

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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.

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:

1. All identification of the premises, the services or goods available thereon, and the name or names of any and all persons have been removed; and

2. The sign would, but for the provision of the status of the sign as abandoned, conform to all of the requirements of this chapter; and

3. There is substantial probability that the sign will be utilized without substantial changes in or additions to the structure thereof by a business operating on the premises.

F. In the case of an illegal sign, the planning commission community development director may temporarily waive enforcement of the removal of the sign for a period not to exceed sixty days if it finds that the illegal condition or conditions which exist may be corrected or remedied within a reasonably short period of time without the necessity of removing the sign during that period.

G. The determination of the planning commission community development director may be appealed by the owner of the property or the occupant, as defined in subsection B of this section, to the planning commission city council within seven ten days after the director’s commission’s formal action. The appeal shall be in writing and delivered to the city clerk with an appeal fee in an amount established by resolution of the city council. The appeal shall set forth specified objections to the determination of the director commission. Written notice of the time and place of such hearing shall be given by the city clerk to the property owner and the occupant of the premises at least ten days prior to the date set for the hearing.

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H. At the noticed time and place of hearing, the city councilplanning commission shall hear and consider all relevant evidence, including, but not limited to applicable staff reports, objections, or protests relative to the existence of the abandoned or illegal sign. Such hearings may be continued from time to time. At the conclusion of said hearing, the city councilplanning commission shall, based on such evidence as presented at said hearing, determine whether or not the sign is abandoned or illegal. If the city council finds that the sign is abandoned or illegal, it shall by resolution order the sign abated within fifteen days.

The city councilplanning commission may temporarily waive enforcement of the removal of the abandoned or illegal sign for a period not to exceed sixty days if it makes the findings set forth in subsection E of this section, in the case of an abandoned sign, or subsection F of this section, in the case of an illegal sign. The determination of the city councilplanning commission is final and conclusive, except if appealed to the city council. The city council appeal shall be processed pursuant to the procedures in subsection H.

I. A copy of the final resolution ordering abatement of the sign shall be served upon the owner of the property, occupant thereof, and sign owner, as defined in subsection B of this section.

J. It shall be the responsibility of the property owner, occupant of the property, and owner of the sign to remove any sign ordered abated pursuant to the order of abatement. Upon compliance with the abatement order, the proceedings hereunder shall be terminated. If such sign is not completely abated as directed in the order of abatement, then the enforcement officer shall cause the sign to be abated by the city or by private contract. Entry upon the premises is expressly authorized for such purposes.

K. Where the enforcement officer is required to cause the abatement of a sign pursuant to the provisions of this chapter, an accounting of the cost incurred, including all incidental expense of such abatement, shall be kept. Upon conclusion of such abatement, the enforcement officer shall submit an itemized statement of costs to the city clerk. The term “incidental expenses” includes, but is not limited to, the actual expenses and costs of the city in preparation of notices, specifications, and contracts, inspection of the work and costs of printing and mailings required under this chapter. Upon receipt of such statement, the city clerk shall set the same for hearing before the city council. The city clerk shall cause notice of time and place of such hearing to be given to the owner of the property to which the same relates, and to any other interested persons who request notice, by United States mail, postage prepaid, addressed to such person at their last known address, at least five days in advance of such hearing.

The owner of the property may waive the hearing on the assessment on the cost of the abatement and in that event no city council hearing is required. The city council shall confirm the cost of assessment by resolution at their next regular meeting.

L. At the time and place fixed for receiving and considering said report, the city council shall hear and pass upon the report, together with any specific objections or protests raised by any of the persons liable to be assessed for the cost of abating such nuisance. Thereupon, the city council may make such revisions, corrections, or modifications as it may deem just or necessary, after which the report as submitted or revised, corrected or modified shall be confirmed by resolution. Said hearing may be continued from time to time. The decision of the city council shall be final and conclusive.

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M. The city clerk shall give notice of the city council’s decision to the affected parties in the manner set forth in subsection B of this section.

N. The cost of sign abatement on any lot or parcel of land, as confirmed by the city council, shall constitute a special assessment against the respective lot or parcel of land to which it relates. After its recording, the same shall constitute a lien on said property in the amount of such assessment. After the confirmation of said report, a copy thereof shall be transmitted to the county tax collector, whereupon it shall be the duty of said collector to add the amount of such assessment or assessments to the next regular bill of taxes levied against the said respective lot or parcel of land for municipal purposes and thereafter said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected.

O. Nothing contained in this chapter shall be deemed to prevent the city council from ordering the city attorney to commence a civil action to abate a nuisance in addition to or as an alternative to the proceedings set forth in this chapter. (Ord. 1410 § 1, 1982; prior code § 27-

9.26)
SECTION 86. Chapter 12.108 (Architectural Review Permits) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.108 ARCHITECTURAL REVIEW PERMITS

12.108.010 Required.

An architectural review permit is a discretionary planning permit that enables the city to ensure that new structures and additions are consistent with the General Plan, applicable specific plan goals, policies, design guidelines, and development standards, and will not be detrimental to the public health, safety, or welfare.

Quality design of the built environment is in the interest of the community and is the primary purpose of the architectural review permit. The scope of City review is dependent on the scale of the project, and the intent of these regulations is to identify reasonable thresholds to have projects with the greatest potential to impact the greater community to be acted upon at planning commission hearings, and projects with lesser potential chance to impact the greater community to have administrative review.

An architectural review permit shall be required for the following:

A. New construction in the R-1 and R-2 districts as required by Chapter 12.200.070; B. New buildings, additions, or site, architectural or landscape alterations in the R-3, R-4, C-N, A-R, M-1, O, and U districts, in the Mixed Use Zones of CBD, TOD-S, TOD-1, TOD-2, MX-R and CC, and in the Bayhill Specific Plan area; C. New development plans, new buildings, additions or site, architectural or landscape alterations in a proposed or existing P-D district shall not require an architectural review permit, and shall undergo architectural review through a PD permit or modification to an existing PD permit as set forth in Section 12.96.190.L.

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A. No building permits shall be issued for any construction that requires an architectural review permit new buildings or for major façade alterations to any existing buildings unless an architectural review permit has been issued by the decision-making authority architectural review committee or planning commission in accordance with the provisions of this section.

Major façade alterations include modifications to an existing building where an increase in square footage will occur (see subsections C and D for the designated review body), changes or alterations to the exterior of an existing building including, but not limited to, changes in the building’s overall architectural style, changes to character-defining architectural features, and changes to the roof involving structural modification. Minor façade alterations shall be exempt as described in subsection G below.

B. Architectural review permits shall be required for single-family homes as required Chapter 12.200.070.

C. Architectural review permits for projects of less than six dwelling units and ten thousand square feet or less of nonresidential development shall be considered and final action on the application taken by the architectural review committee, a committee designated by and of the planning commission.

D. Architectural review permits for projects of six or more dwelling units and over ten thousand square feet of nonresidential development shall be considered and final action on the application taken by the planning commission.

E. The architectural review committee or planning commission may approve, deny, continue, or conditionally approve an application for an architectural review permit.

F. The architectural review committee or planning commission may impose such conditions as it deems necessary to secure the purposes of this article. The committee may impose such requirements and conditions with respect to location, size, and intensity of the proposed operation; accessibility of off-street parking areas and their relation to adjacent streets; landscape areas; and impact of the proposed development upon light and air, and upon other property in the neighborhood as it deems necessary for the protection of the public interest. The committee may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

G. Exemptions. Minor façade alterations shall be exempt from architectural review permits and approved at the discretion of the community and economic development director. Minor façade alterations include changes or alterations to the exterior of an existing building where no increase in the square footage of the building will occur, including, but not limited to, changes in building materials, alterations, additions or elimination of existing doors, windows, awnings and other building elements, and changes to architectural features, such as the building cornice, roof or parapet provided that there is no structural modification. (Ord. 1898 § 3, 2021; Ord. 1784 § 2, 2010; Ord. 1410 § 1, 1982; prior code § 27-10.1)

12.108.015 Decision-making body.

A. Architectural review permits in the R-1 and R-2 districts shall be acted on by the community development director or planning commission as enumerated in Section 12.200.070.

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B. Architectural review permits in all districts other than R-1 and R-2 shall be acted on as follows:

1. The community development director shall be the decision-making body for architectural review permits that include the following:
a. Accessory structures with limited direct visibility from the public right-of-way, or addition(s) less than 10% of the existing structure and is less than 10,000 sq. ft. cumulatively;
b. Site, architectural or landscaping alterations including, but not limited to changes in site paving, parking areas, parking lot striping, materials, alterations, additions or elimination of existing doors, windows, awnings and other building elements, and changes to architectural features, such as the building cornice, roof or parapet provided that there is no structural modification.

2. The planning commission shall be the decision-making body for architectural review permits that include any of the following:
a. New building(s), other than accessory structures with limited direct visibility from the public right-of-way;
b. Addition(s) exceeding 10% of the existing structure; or c. Addition(s) exceeding 10,000 sq. ft. cumulatively.

C. Architectural review permits acted on by the community development director shall be administrative actions without a hearing, and will include mailed notice pursuant to Section 12.132.030.B, except notices shall only be to adjacent property owners.

D. Architectural review permits acted on by the planning commission shall occur at a public hearing pursuant to Chapter 12.132.

E. The decision-making body may approve, deny, continue, or conditionally approve an application for an architectural review permit.

F. The decision-making body may impose such conditions as it deems necessary to secure the purposes of this article. The decision-making body may impose such requirements and conditions with respect to location, size, and intensity of the proposed operation; accessibility of off-street parking areas and their relation to adjacent streets; landscape areas; and impact of the proposed development upon light and air, and upon other property in the neighborhood as it deems necessary for the protection of the public interest. The decision-making body may require tangible guarantees or evidence that such conditions are being, or will be, complied with.

G. Appeals shall be processed pursuant to Chapter 12.78.

12.108.020 Application and plans.

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An application for an architectural review permit shall include the following, unless a specific requirement is waived by the community development director:

A. A written statement by the owner(s) of the property approving submittal of the complete application; in instances where the applicant is not the same person as the owner, a statement signed by the owner: (1) describing the nature of the applicant’s interest, and (2) authorizing the applicant to act on behalf of and to bind the owners, shall also be required; B. An accurate legal description of the property and/or title report; C. A site plan to scale indicating the location and configuration of all buildings including setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse, waste and recycling areas, proposed grading and drainage, and other significant site features;
D. Civil plans and stormwater plans;
E. A statement describing the existing improvements on and use of the subject property and any proposed changes;
F. A landscape plan;
G. Dimensioned architectural elevations and perspectives; H. Fees or deposits as set by city council resolution in the master fee schedule; I. Other documents or information that may be required, including, but not limited to: title reports; surveys; existing and proposed landscaping and other ground treatment; required parking facilities; building and development data; sign information; photographs; photometric analysis; materials sample boards; scale models; photo simulations; or environmental information. (Ord. 1898 § 3, 2021; Ord. 1728 § 14, 2007; Ord. 1410 § 1, 1982; prior code § 27-

10.2)

12.108.030 Findings.

Upon receipt of comments from the departments, the architectural review committee or the planning commission The decision-making body shall consider the application and shall issue an architectural review permit provided the following findings are made, as appropriate:

A. The proposed buildings, site plan, and landscaping are in substantial conformance with the goals, policies, and objective development standards of the zoning code, General Plan, and applicable specific plans.

B. The site for the proposed development is adequate in size and shape to accommodate proposed building site plan and landscaping.

C. The design of the building site plan, landscaping, and streetscape, including street trees, lighting, and street furnishings, is consistent with the character of the surrounding area, and would not create an adverse visual impact on the surrounding area.

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D. The development will not be detrimental to public health, safety, or welfare.

E. The proposed development contributes to the creation of an attractive and visually interesting built environment that includes a variety of building styles and designs with well- articulated structures within a unifying context that encourages increased pedestrian activity and promotes compatibility among neighboring land uses within the same or different districts.

F. Architectural review permits for new construction in the R-1 or R-2 districts that require planning commission action shall require an additional finding: The characteristics of the project justify the extent of the proposed variation from development regulations, and there are no reasonable solutions to reducing the extent of the variation without compromising the reasonable use of the property compared to similar properties in the district.

Appeals are subject to procedures set forth in Chapter 12.78.060. (Ord. 1898 § 3, 2021)

12.108.040 Conformance.

Any proposed buildings, site plan, and landscaping, as approved and authorized by the decision-making body, shall be developed in substantial conformance with the architectural review permit plans and associated planning application material submitted to and approved by the decision-making body. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-10.5)

12.108.050 Modifications to approved architectural review permits.

An applicant may request a modification of a previously approved architectural review permit subject to the procedures set forth in Chapter 12.78.030. (Ord. 1898 § 3, 2021)

12.108.060 NoticingArchitectural review permit public notice requirements.

Public notice is required for architectural review permits pursuant to Section 12.132.030 except applications that are to be acted on by the community development director shall have mailed notice sent only to adjacent property owners, at least ten days prior to the action.

Public notice for hearings to consider architectural review permits shall be required as set forth in Chapter 12.132.030. (Ord. 1898 § 3, 2021)

12.108.070 ExpirationArchitectural review permit expiration.

An approved architectural review permit shall be subject to the procedures set forth in Chapter 12.78.040. (Ord. 1898 § 3, 2021)

12.108.080 ExtensionArchitectural review permit extension.

All architectural review permit extension requests shall be subject to the procedures set forth in Chapter 12.78.050. (Ord. 1898 § 3, 2021)

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SECTION 87. Chapter 12.112 (Use Permits) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.112 USE PERMITS

12.112.010 Issuance—Purpose.

A. Use permits may be issued as provided in this chapter for any of the uses or purposes for which such permits are required or permitted by the terms of this article upon conditions designated by the decision-making body planning commission.

B. The purpose of the use permit is to allow the proper integration into the community of uses which may be suitable only in specific locations in a zoning district, or only if such uses are designed or arranged on the site in a particular manner.

C. The community development director planning commission may approve, deny or conditionally approve an application for a use permit at a noticed public hearing, unless the conditional use specifically requires planning commission or city council action.

D. The decision-making body planning commission may impose such conditions as it deems necessary to secure the purposes of this article. The decision-making body commission may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control and time limits for the use permit as it deems necessary for the protection of adjacent properties and the public interest. The commission may require tangible guarantees or evidence that such conditions are being, or will be, complied with. (Ord. 1410 § 1, 1982; prior code § 27-11.1)

12.112.020 Application and plans.

An application for a use permit shall be filed with the community development director and shall include the following information, unless a specific requirement is waived by the community development director:

A. The application form provided by the city.

B. An applicant support statement which includes a complete project summary including a description of all proposed activities and uses proposed for the site and a business plan if applicable.

C. A site plan to scale indicating the location and configuration of all buildings and proposed uses including setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse, waste and recycling areas, proposed grading and drainage, and other significant site features. The site plan shall include computations on the number and types of parking spaces, amounts of usable open space or interior yard area, lot area coverage, floor area ratio (FAR) calculations, net and gross lot area, and the square footage and location of all easements on the project site.

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D. Building floor plan(s) of sufficient clarity and scale to indicate the nature and extent of the use and to illustrate in detail that it will conform to the provisions of all relevant laws, codes, ordinances, rules, and regulations.

E. Building elevations of sufficient clarity to indicate the nature of the exterior appearance of the proposal and its relationship to its surroundings.

F. Depending upon the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, photometric, and color schemes, color elevations, and color and materials boards analysis may be required by the community development director.

G. The community development director may waive any of the above requirements if the requirements are inapplicable or if other circumstances justify a waiver. The community development director may require other drawings, data, or information deemed necessary by the department to accomplish the purposes of state law or this title. (Ord. 1728 § 15, 2007: Ord. 1410 § 1, 1982; prior code § 27-11.2)

12.112.030 Hearing date—Notice.

Upon receipt of a complete application for a use permit, the community development director shall schedule a public hearing before the planning commission. Such hearing shall be held within one year after the filing of the application. Notice of such hearing shall be given as set forth in Chapter 12.132. (Ord. 1728 § 16, 2007: Ord. 1410 § 1, 1982; prior code § 27-11.3)

12.112.040 Architectural review permitReview by architectural review committee.

Use permit applications Applications which require an architectural review permit shall be reviewed concurrently by the decision-making body. by the architectural review committee prior to the required public hearing. (Ord. 1410 § 1, 1982; prior code § 27-11.4)

12.112.050 Granting.

A. In considering an application, the decision-making body planning commission shall consider and give due regard to the nature and condition of all adjacent uses and structures, the applicable zoning district regulations, any specific plans for the area in question, and the general plan.

B. The decision-making body planning commission (or city council on appeal) shall grant a use permit only if it makes a finding that the establishment, maintenance or operation of the use applied for:

1. Will not under the circumstances of the particular case, be detrimental to the health, safety, morals, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use;

2. Will not be injurious or detrimental to property and improvement in the neighborhood or to the general welfare of the city; and

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3. Will not be inconsistent with the general plan.

C. No use permit shall be effective, nor shall any building permit for which a use permit is required, be issued until the time period for filing an appeal to the city council on the decision granting the use permit has ended as set forth in Chapter 12.78. If such an appeal is timely filed, the use permit shall not become effective, nor shall any such building permit be issued, until theall administrative appeals has have been city council has acted on or appeal periods have expired the appeal. (Ord. 1410 § 1, 1982; prior code § 27-11.5)

12.112.060 Conformance.

It shall be unlawful and a violation of the provisions of this article for any person to construct, erect, alter or modify any structure except in strict conformance with any use permit issued. (Ord. 1410 § 1, 1982; prior code § 27-11.6)
SECTION 88. Chapter 12.116 (Planned Unit Permit) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.116 PLANNED UNIT PERMIT

12.116.010 Purpose.

A. It is the purpose of planned unit permit (PUP) to encourage creative use of land and open space by permitting carefully controlled relief from the strict application of the provisions of existing zoning districts. The PUP allows flexibility and diversification in the relationship of various buildings, structures, and open spaces in planned building groups.

B. It is also the intent of this chapter to carry out the general purposes of this article by continuing to observe adequate standards related to public safety, health, and general welfare without unduly inhibiting the advantages of modern imaginative site planning and to implement the following objectives:

1. To provide a more desirable living environment;

2. To encourage creative approaches to the development of land;

3. To encourage the observation of and the aesthetic use of open space;

4. To encourage variety in the physical development of the city. (Ord. 1410 § 1, 1982; prior code § 27-12.1)

12.116.020 Applicability.

The planned unit permit may be used in any one of the residential or commercial districts, except the P-D district. (Ord. 1410 § 1, 1982; prior code § 27-12.2)

12.116.030 Permitted uses.

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A planned unit permit may be issued to authorize a use which is permitted, conditional, or accessory in a particular district. Attached single-family dwellings may be permitted in the R-1 district under planned unit permit procedures. (Ord. 1410 § 1, 1982; prior code § 27-12.3)

12.116.040 Application, fee and plans.

An application for a planned unit permit shall be filed with the community development department on the form prescribed by the city and shall include the following information, unless a specific requirement is waived by the community development director:

A. A tentative subdivision map (when either parcelization of the property or a condominium project is proposed);
B. Documentation that the proposed project conforms with the applicable general plan density requirements;
C. Proposed landscaping and irrigation plans;
D. Proposed engineering plans, including site grading, street improvements, drainage, and other public utilities, which plans, when approved shall not be construed to mean that the plans will constitute the final improvement plans;
E. A site plan to scale, including the location and configuration of all lots and buildings, setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse, waste, and recycling areas, proposed grading and drainage, the square footage and location of easements and other significant site features.

F. Proposed building plans, including floor plans and exterior elevations indicating the materials, treatment of surfaces, and depending upon the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, photometric analysis, color schemes, color elevations, and color and materials boards may be required by the community development director;
G. Proposed plans for recreational facilities;
H. Generalized parking plans;
I. Proposed plot plans, showing building locations on each lot, building setbacks, and lot dimensions;
J. Where applicable, as a result of findings on site conditions and detailed site planning, supplemental environmental information or revisions to the environmental impact report; K. Any other data necessary to show that any applicable requirements of this code are fulfilled; and
L. The community development director may waive any of the above requirements if the requirements are inapplicable or if other circumstances justify a waiver. The community development director may require other drawings, data, or information deemed necessary by

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the department to accomplish the purposes of state law or this title. (Ord. 1728 § 17, 2007: Ord. 1410 § 1, 1982; prior code § 27-12.4)

12.116.050 Standards and criteria.

In considering use of the planned unit permit, the applicant and the city shall be governed by the following standards:

A. Development with a planned unit permit in conformance with the procedures contained herein is exempt from the specified property development standards of the district in which subject property is located providing:

1. The plans and exhibits submitted and approved in conformance with these provisions clearly establish that the relationships of interior and exterior living, working or shopping areas and the associated environment are at least as desirable as would be achieved with the strict application of the requirements of that district;

2. And that the planning commission finds the other standards and criteria as set forth in this chapter have been complied with. Exception to development standards and other provisions of the district in which the planned unit is located shall only be to the extent specified in the approved plans and exhibits.

B. A variety of dwelling and building types is to be encouraged.

C. For each square foot of land gained within a single-family residential district through the reduction of lot sizes below minimum district requirements, equal amounts of usable land shall be retained as open space and related uses in perpetuity. The planned unit permit may be used in single-family residential districts, however, to average lot sizes, to cluster lots and dwelling unit, and to provide better utilization of land through flexibility in development standards.

D. Nonresidential development is encouraged to make use of a variety of setback and yard areas by trading space through the development of open plazas, pedestrian malls, tot lots, and other open spaces and uses with adequate landscaping.

E. All open spaces shall be provided with all required on-site and off-site improvements in accordance with the current city policy, and provisions made for perpetual maintenance to the satisfaction of the planning commission.

F. The planning commission from time to time may by resolution amplify the provisions of this section in order to fully define certain limits of flexibility which it wishes to encourage, to further explain various possible uses of planned unit permit, and to set forth provisions for plan approval. (Ord. 1410 § 1, 1982; prior code § 27-12.5)

12.116.060 Granting.

Planned unit permits with a tentative parcel map may be granted by the community development director after a public hearing conducted in accordance with Chapter 12.132.

Planned unit permits with a tentative tract map may be granted by the planning commission

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after public hearings conducted in accordance with Chapter 12.132. Decision of the commission shall be appealable to the city council in accordance with Chapter 12.140. In order to grant a planned unit permit, the decision-making body planning commission and/or city council on appeal shall find the following:

A. The proponents of the planned unit development have demonstrated that they intend to obtain a building permit in six months of the approval of the project and that they intend to complete the construction within a reasonable time as determined by the commission.

A planned unit permit shall be effective the seventh day after planning commission approval unless the planning commission action is appealed to the city council, in which case the action shall not be effective until the city council has acted on the appeal.

AB. The proposed planned unit development conforms to the general plan in terms of general location, density and general standards of development and criteria contained in this chapter.

BC. The design of proposed single-family and two-family dwellings conforms to the basic design principles of the residential design guidelines as adopted by resolution by the city council and as may be revised from time to time.

CD. The development of a harmonious, integrated project in accordance with a precise development plan justifies exceptions, if such are required, to the normal requirements of this article.

Appeals shall be as set forth in Chapter 12.78. No planned unit permit shall be effective, nor shall any building permit for which a planned unit permit is required, be issued until the time period for filing an appeal to the city council on the decision granting the planned unit permit has ended. If such an appeal is timely filed, the planned unit permit shall not become effective, nor shall any building permit be issued, until the city council has acted on the appeal. (Ord. 1784 § 2, 2010; Ord. 1410 § 1, 1982; prior code § 27-12.6)

12.116.070 Development subject to plan.

Any planned unit, as approved and authorized by the decision-making body, the planning commission (and city council on appeal), shall be developed in all respects in conformance with the development plans submitted to and approved by the decision-making body. commission (or city council on appeal). The community development planning director may, however, approve or conditionally approve minor adjustments to the original development plans, provided said adjustments do not conflict with the concept of intent of the development plans originally approved by the commission. Any planned unit, as approved and authorized by the planning commissiondecision-making body, shall be developed subject to all conditions imposed as part of said approval and shall be excepted from other provisions of the district in which the planned unit permit is used only to the extent specified within the approved plans and/or any related conditions adopted by the commission. (Ord. 1410 § 1, 1982; prior code § 27-12.7)

12.116.080 Conformance.

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It shall be unlawful and a violation of the provisions of this article for any person to construct, erect, alter or modify any structure except in strict conformity with any planned unit permit issued. (Ord. 1410 § 1, 1982; prior code § 27-12.8)
SECTION 89. Chapter 12.120 (Minor Modification) of Article III (Zoning) of Title 12 (Land Use) is deleted in its entirety.

SECTION 90. Chapter 12.124 (Variances) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.124 VARIANCES

12.124.010 Circumstances of granting—Finding.

Applications for variances from the strict application of the terms of this article may be granted by the planning commission. No variance may be granted unless the commission makes the following findings:

A. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of this article will deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification;
B. That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of a special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located;
C. For single-family or two-family dwellings, the planning commission shall also find that the project conforms to the basic design principles of the residential design guidelines as adopted by resolution by the city council and as may be revised from time to time. (Ord. 1784 § 2, 2010; Ord. 1410 § 1, 1982; prior code § 27-14.1)

12.124.020 Unauthorized uses.

A variance shall not be granted which authorizes a use or activity which is not otherwise expressly authorized in the zoning district in which the property is located. (Ord. 1410 § 1, 1982; prior code § 27-14.2)

12.124.030 Form of application—Contents.

An application for a variance shall be filed with the community development director and shall include the following information, unless a specific requirement is waived by the community development director:

A. The application form provided by the city;

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B. An explanation of the circumstances applicable to the subject property that justify the making of the findings required to approve a variance and a description of how the findings can be made;
C. A site plan to scale indicating the effect of the variance on all buildings and uses, including setbacks from property lines, parking spaces and circulation, fencing, street improvements, fire hydrants, refuse, waste and recycling areas, proposed grading and drainage, and other significant site features. The site plan shall include computations on the number and types of parking spaces, amounts of usable open space or interior yard area, lot area coverage, floor area ratio (FAR) calculations, net and gross lot area, and the square footage and location of all easements on the project site;
D. Landscape plans, building floor plans and building elevations and perspectives; E. Depending upon the complexity of the application, additional materials such as presentation illustrations, three-dimensional models, photometric analysis, and color schemes, color elevations, and color and materials boards may be required by the community development director;
F. The community development director may waive any of the above requirements if the requirements are inapplicable or if other circumstances justify a waiver. The community development director may require other drawings, data, or information deemed necessary by the department to accomplish the purposes of state law or this title. (Ord. 1728 § 19, 2007: Ord. 1410 § 1, 1982; prior code § 27-14.3)

12.124.040 Hearing date—Notice.

Upon receipt of an application for a variance, the community development planning director shall schedule a public hearing before the planning commission on such application not later than one year after the filing of the application. Notice of such hearing shall be given as set forth in Chapter 12.132. (Ord. 1410 § 1, 1982; prior code § 27-14.4)

12.124.050 Architectural review permitReview by architectural review committee.

Applications which would require an architectural review permit shall be reviewed concurrently by the decision-making body. by the architectural review committee prior to the required public hearings. (Ord. 1410 § 1, 1982; prior code § 27-14.5)

12.124.060 Granting.

After the conclusion of the public hearing or continuations thereof, the planning commission may grant or deny a variance from the strict application of the regulations established by this chapter. The commission may impose any reasonable conditions deemed necessary to achieve the purpose of this article; provided, however, that the following conditions shall not be imposed:

A. The dedication of land for any purpose not reasonably related to the use of the property for which the variance is requested;

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B. The posting of a bond to guarantee installation of public improvements not reasonably related to the use of property for which the variance is requested.

No variance shall be effective, nor shall any building permit for which a variance is required be issued, until the time period for filing an appeal to the city council on the decision granting the variance has ended. If such appeal is timely filed, the variance shall not become effective, nor shall any such building permit be issued, until the city council has acted on the appeal. (Ord. 1410 § 1, 1982; prior code § 27-14.6)
SECTION 91. Chapter 12.132 (Public Hearing) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.132 PUBLIC HEARING

12.132.010 Procedure for zoning hearings.

A. The community development director and planning commission shall develop and publish procedural rules for conduct of its hearings so that all interested parties shall have advance knowledge of procedures to be followed.

B. When a matter is contested and a request is made in writing prior to the date of the hearing, the decision-making body planning commission shall insure that a record of the hearing shall be made and duly preserved, a copy of which shall be available at cost. The city may require a deposit from the person making the request.

C. When a planning staff report exists, such report shall be made public prior to or at the beginning of the hearing and shall be a matter of public record.

D. When any hearing is held on an application for a change of zone, a staff report with recommendations and the basis for such recommendations shall be included in the record of the hearing.

E. Notice of final action on an application shall be provided within five working days to those persons who: appeared at the hearing or submitted written testimony and who requested notice by submitting a self-addressed stamped envelope.

1. Appeared at the hearing and provided a mailing or e-mail address;

2. Submitted written testimony and provided a mailing or e-mail address; or

3. Requested notice of action and provided a mailing or e-mail address. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-16.1)

12.132.020 Hearing notices—Amendments.

When a public hearing is held by the planning commission or the city council to consider the adoption of or an amendment to a zoning ordinance, which amendment rezones property or imposes any regulation listed in California Government Code Section 65860 not theretofore imposed or removes or modifies any such regulation, notice of the time and place of said

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hearing, including a general explanation of the area affected, shall be given at least ten calendar days before the hearing in the following manner:

A. The notice shall be published at least once in a newspaper of general circulation, published and circulated in the city or, if there is none, it shall be posted in at least three public places in the city.

B. In prezoning, the notice shall be published at least once in a newspaper of general circulation, published and circulated in the area to be prezoned or, if there is none, it shall be posted in at least three public places in the area to be prezoned.

C. In addition to notice of publication or posting, the city shall refer to the latest assessor’s roll and give notice of the hearing by mail or delivery to all persons, including businesses, corporations or other public or private entities, owning real property within three hundred feet of the proposed zoning change.

D. The city shall give notice by first class mail to any person who has filed a written request therefor with the planning commission. Such a request may be submitted at any time during the calendar year and shall apply for the balance of such calendar year. A reasonable fee, as set by the city council, shall be imposed on persons requesting such notice.

E. In the event that the proposed zoning change has been requested by a person other than the property owner as such property owner is shown on the last equalized assessment roll, the planning commission shall also give mailed notice to the owner of the property as shown on the latest equalized assessment roll.

F. In the event that the number of owners to whom notice would be sent pursuant to subsections D and E, is greater than one thousand, the city may, as an alternative to the notice required in subsections A and C of this section, provide notice pursuant to this subsection. Such notice shall be given at least ten days prior to the hearing by either of the following procedures:

1. By placing a display advertisement of at last one-fourth page in a newspaper having general circulation within the area affected by the proposed ordinance or amendment; or

2. By placing an insert with any generalized mailing sent by the city to property owners in the area affected by the proposed ordinance or amendment, such as billings for city services.

Such advertisement or mailing insert shall specify the type and magnitude of the changes proposed, the place where copies of the proposed changes may be obtained, the time, date and place of the hearing, and the right to appear and be heard.

G. Failure to receive the notice required by this section shall not invalidate the ordinance or amendment.

H. This section shall not apply to a proposed zoning ordinance or to an amendment to an existing zoning ordinance which does not affect the permitted uses of real property within the city.

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I. The city may give additional notice of the hearing in such other manner as it may deem necessary or desirable.

J. Any hearing may be continued from time to time. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-16.2)

12.132.030 Hearing notices—GeneralUse permits, architectural review permits, planned unit permits, variances, appeals.

A. Whenever an application for any approval, or an appeal from action taken on a matter requiring a public hearing is submitted to the body or person charged with conducting a public hearing thereon, notice of hearing shall be given by notice through the United States mail, with postage prepaid using addresses from the latest equalized assessment roll, or alternatively, from such other records of the assessor or tax collector as contain more recent addresses in the opinion of the secretary of such body or person, or by both publication at least once in a newspaper of general circulation, published and circulated in the city, and by posting said notice in at least three conspicuous places close to the property affected.

B. When mailed notice is used, notice shall be given as follows: to all owners of property within three hundred feet of exterior boundaries of the property for which an application is being heard. Said notices shall be mailed not less than ten or more than thirty days before the scheduled hearing.

1. Applications, as set forth in this article, that require a public hearing shall require a mailed notice be sent, pursuant to this section, to all owners of property within three hundred feet of the exterior boundaries of the property for which an application is being considered;

2. Applications, as set forth in this article, that do not require a public hearing, shall require a mailed notice be sent, pursuant to this section, to all owners of property adjacent to, which shall include across a street, the exterior boundaries of the property for which an application is being considered;

3. Said notices shall be mailed not less than ten or more than thirty days before the scheduled hearing or action date.

C. When posted notice is used, posting shall be on utility poles on both sides of the property frontage and across the street from the subject property.

D. Notices specified in subsections B and C of this section shall specify the type and magnitude of the application to be considered, the place where copies of the application may be reviewed, the time, date and place of hearing and the right to appear and be heard. (Ord. 1898 § 3, 2021; Ord. 1410 § 1, 1982; prior code § 27-16.3)
SECTION 92. Chapter 12.136 of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.136 ZONING MAP AND TEXT AMENDMENTS

12.136.010 Initiation.

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A. Except as otherwise provided in this chapter, any amendment to this article and/or the zoning map shall be adopted as other ordinances are adopted.

B. Any amendment to this article and/or the zoning map which changes any property from one district or imposes any regulation upon property not theretofore imposed, or removes or modifies any such regulation shall be initiated and adopted as follows:

1. By the city council;

2. By the planning commission;

3. By application by one or more record owners of property which is a subject of the proposed amendment, or their authorized agent. An application for an amendment shall be on a form designed by the planning commission and shall be accompanied by a fee set by the city council;

4. By the community development planning director. (Ord. 1410 § 1, 1982; prior code § 27-17.1)

12.136.020 Public hearing requirement.

Upon initiation of an amendment the secretary of the planning commission shall set a date for a public hearing thereon, but not later than sixty days after such amendment is initiated. The planning commission shall give notice of the time and place of such hearing, and the purpose thereof, in the manner designated in Section 12.132.020. (Ord. 1410 § 1, 1982; prior code § 27-

17.2)

12.136.030 Planning commission action.

After the close of the public hearing or continuations thereof, the planning commission shall make a report of its findings and its recommendations with respect to the proposed amendment.

The commission report shall include a list of persons who testified at the hearing, a summary of facts adduced at the hearing, the findings of the commission, and copies of any maps or other data or documentary evidence submitted in connection with the proposed amendment. A copy of such report and recommendation shall be transmitted to the city council within ninety days after the first notice of hearing thereon; provided, however, if the procedure was initiated by an application, such time may be extended with the consent of the applicant. In the event the planning commission fails to report to the city council within the aforesaid ninety days or within the agreed extension of time, the amendment shall be deemed approved by the planning commission. The recommendations of the planning commission or proposed amendments shall be adopted by a majority vote of the voting members thereof. No recommendation for amendment shall be made unless the commission finds that said amendment is in general conformance with the general plan and that the public necessity, convenience and general welfare require adoption of the proposed amendment. (Ord. 1410 § 1, 1982; prior code § 27-

17.3)

12.136.040 City council action.

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Upon receipt of the recommendation of the planning commission or upon expiration of the aforesaid ninety days or agreed-upon extended period, the city council shall hold a public hearing thereon, giving notice thereof as provided in Chapter 12.132. If the matter under consideration is an amendment that would change property from one district to another, and the planning commission has recommended against the adoption of such amendment, the city council shall not be required to take further action unless the action of the planning commission is appealed. After the conclusion of such hearing, the city council may, within one year, adopt by ordinance the proposed amendment or any part thereof set forth in the petition or resolution of intention in such form as the council deems desirable. (Ord. 1410 § 1, 1982; prior code § 27-

17.4)

12.136.050 Prezoning unincorporated territory.

The city may prezone unincorporated territory adjoining the city for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such prezoning shall be as provided in this chapter for zoning within the city. Such prezoning shall become effective at the same time that the annexation becomes effective. (Ord. 1410 § 1, 1982; prior code § 27-17.5) SECTION 93. Section 12.144.020 (Enforcement) of Chapter 12.144 (Enforcement – Violations, Penalties) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.144.020 Enforcement.

It shall be the duty of the community development planning director to enforce the provisions of this article pertaining to the erection, construction, reconstruction, moving, conversion or alteration of buildings and structures. (Ord. 1410 § 1, 1982; prior code § 27-19.2) SECTION 94. Chapter 12.200 of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

Chapter 12.200 DEVELOPMENT REGULATIONS FOR THE R-1 AND R-2 ZONING

DISTRICTS ZONING REGULATIONS FOR CONSTRUCTION, EXPANSION, ALTERATION OR

ENLARGING OF SINGLE-FAMILY AND TWO-FAMILY RESIDENCES

12.200.010 Purpose.

The city of San Bruno is a well-established residential community of predominantly single family homes. Significantly oversized residential structures are incompatible with the character of this residential community, and are not in harmony with the principles of high quality neighborhoods. This chapter is intended to accomplish the following:

A. Enhance the identity of residential neighborhoods.

B. Assure provision of light and air to individual residential parcels.

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C. Assure a reasonable level of compatibility in scale of structures within residential neighborhoods.

D. Establish and preserve spatial relationship(s) between structures, between structures and adjacent streets, and within neighborhoods.

E. Address residential parking for non-conforming structures seeking extensive expansion or remodeling.

F. Prohibit the loss of interior housing space through the creation of excessive residential storage or parking garages.

G. Control development of hillside lots Jots and lands, preserve buildings suited for natural hillside surroundings, and recognize differences between hillside developments and flat land developments.

H. Preserve the city’s dwindling stock of affordable housing. (Ord. 1877A § 3, 2020; Ord. 1520 § 2, 1990)

12.200.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:
“Deck” is defined as a roofed or unroofed porch, platform or balcony, open on one or more sides, access to which is gained by a door, stairway or other passage. “Floor area ratio” or FAR is defined as the gross floor area of a building, including the garage area, divided by the total lot area of the parcel on which the building is situated. “Garage” is as defined in Sections 12.80.230 and 12.80.240 of the San Bruno Zoning Ordinance, except that interior areas, detached buildings or accessory buildings designed, designated or used for the storage or parking of motor vehicles shall constitute garage area for the purposes of this chapter.
“Gross floor area” is defined as the total floor space of all floors of a building or buildings measured to the outside surfaces of the building(s), including, but not limited to, exterior walls, or other external elements of the building envelope system, the attached or detached garage or other designated vehicle storage area, and other accessory buildings on the lot that are greater than one hundred twenty square feet, but excluding non-habitable space as defined herein. “Habitable floor area” is defined as any enclosed floor area in the house, garage, or accessory building having any potential living space with minimum dimensions of eight feet by ten feet and with at least seven and one-half feet of head room. “Non-habitable floor area” is defined as enclosed floor area that is not defined as “habitable.” “Resultant lot area” is defined as the total lot area of the parcel upon which a building is situated or proposed, reduced by the development limitations of Section 12.200.050, below.

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“Story” is defined as that portion of any building included between the surface of any floor and the surface of the next floor above it. If there is no floor above it, the space between such floor and the ceiling shall constitute a story.
“Story, first” is defined as the lowest story in a residence, wherein at least fifty percent of any one wall of that story is four feet above grade. (Ord. 1877A § 3, 2020; Ord. 1520 § 2, 1990)

12.200.030 Conditional use permit required.

In addition to those conditional uses listed in Section 12.96.060 and Section 12.96.070 for R- 1, R-1-D and R-2 residential zoning districts, a conditional use permit shall be required in the following instances:

A New Construction. For those single family and two family residential buildings which propose:

1. A floor area that exceeds the permitted floor area standards of Section 12.200.050; or

2. Lot coverage that exceeds the restrictions of Section 12.200.050; or

3. A third story, where any part of the three stories lie within the same vertical plane; or

4. Construction exceeding the development standards contained within Section 12.200.040 or the parking standards of Section 12.200.080.

B. Existing Single-Family or Two-Family Residential Structures. Expansion, remodeling, alteration, enlarging or a detached addition to an existing single-family or two-family residential structure which propose:

1. An increase in the gross floor area by more than fifty percent; or

2. A floor area that exceeds the permitted floor area standards of Section 12.200.050; or

3. Lot coverage that exceeds the restrictions of Section 12.200.050; or

4. A third story, where any part of the three stories lie within the same vertical plane; or

5. Which expansion, alteration or addition, when combined with the existing structure would exceed the development standards contained within Section 12.200.040 or the parking standards of Section 12.200.080. (Ord. 1877A § 3, 2020; Ord. 1520 § 2, 1990)

12.200.040 Development regulationsstandards.

Development regulations in the R-1 and R-2 districts are as follows. For the purposes of this section, buildings which are moved or manufactured off-site and placed on a property shall be subject to the same requirements as new construction on infill lots.

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A. Minimum site area. Five thousand square feet for interior lots, six thousand square feet for corner lots.

B. Minimum lot area per dwelling unit. Two thousand nine hundred square feet in the R-2 district.

C. Minimum lot width. Fifty feet, except sixty feet for corner lots.

D. Minimum setbacks.

1. Front: fifteen feet, except the minimum setback from sidewalk to a garage shall be twenty feet. Where sixty percent or more of the lots in a block have been improved with buildings, the minimum required front yard shall be the average of the front yard of the improved lots if said average is less than the requirements of this article.

2. Interior side: five feet. On any legal substandard lot that qualifies as a building site pursuant to the provisions of this article, the width of an interior side setback may be reduced to ten percent of the width of the parcel, but in no case to less than three feet.

3. Street side (corner lot): ten feet. On any legal substandard lot that qualifies as a building site pursuant to the provisions of this article, the width of the street side setback may be reduced to five feet plus ten percent of the width of the parcel, but in no case to less than eight feet.

4. Rear: ten feet.

5. For corner or through lots, and subject to an architectural review permit, the front lot line, as defined by Section 12.80.305, may be reassigned to a street lot line, thereby modifying the location where front, side, and rear setbacks are applicable.

6. Exceptions to setback requirements. As set forth in Section 12.84.170.

E. Maximum coverage by structures. Varies, lot coverage of structures in the R-1 residential districts shall not exceed eighty percent of the total floor area allowed by this section, and structures in the R-2 residential district shall not exceed one hundred percent of the total floor area allowed by this section.

F. Maximum coverage by impervious surface – total lot area. Eighty percent in the R-1 districts, and eighty-five percent in the R-2 district; when a new dwelling is constructed, or an addition increases the gross floor area, the impervious surface in the front setback area shall be limited to sixty percent.

G. Maximum floor area. The permitted floor area (FA) of buildings shall be determined by multiplying the adjusted lot size (from Chart 1, below) by the floor area ratio corresponding to the slope of the lot (from Chart 2, below).

H. Average percent slope of site. The average percent slope of a site is computed by the following formula:

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AS = (100 x I x L) / A
where:

AS = Average Percent Slope of a Site
I = contour interval in feet, not to exceed ten (10) feet L = summation of length of contour lines in feet; and
A = area in square feet of parcel being considered.

I. Floor area ratio adjustment factor for lot size. The floor area ratio shall be adjusted inversely proportional to the lot size as shown in Chart 1, below. The floor area shall be further adjusted by the average slope as shown in Chart 2, below.

Chart 1: Adjusted Lot Size
Lot Size (sq. ft.) Adjustment Factor
2,500 1.20
3,000 1.16
3,500 1.12
4,000 1.08
4,500 1.04
5,000 1.00
5,500 0.97
6,000 0.94
6,500 0.91
7,000 0.88
7,500 0.85
8,000 0.82
8,500 0.79
9,000 0.77
9,500 0.75
10,000 0.73
10,500 0.71
11,000 0.68
11,500 0.66
12,000 0.64
12,500 0.62
13,000 0.61
13,500 0.60
14,000 0.59
14,500 0.58
15,000 0.57

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Lot Size (sq. ft.) Adjustment Factor
15,500 0.56
16,000 0.55
16,500 0.54
17,000 0.53
17,500 0.52
18,000 0.51
18,500 0.50
19,000 0.49
19,500 0.48
20,000 0.47
>20,000 0.47
Chart 2: Permitted Floor Area
Average Slope (percent) Floor Area Ratio (FAR)
<10 0.550
10 0.550
11 0.545
12 0.541
13 0.537
14 0.533
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

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Average Slope (percent) Floor Area Ratio (FAR)
36 0.427
37 0.422
38 0.417
39 0.412
40 0.407
41 0.402
42 0.397
43 0.392
44 0.387
45 0.383
>45 0.383
The above displays graphically the application of Chart 1 and Chart 2. The horizontal axis is the total lot size. The vertical axis is the floor area of the building. The curve shows the maximum floor area allowed, each curve representing a different average slope. The above is provided for illustrative purposes only, and Chart 1 and Chart 2 are to be applied.

J. Building heights. The maximum height of structures, which for the purposes of this chapter only shall mean the vertical distance from the elevation of the sidewalk in front of the house at the midpoint of the horizontal width of the house to the highest or topmost point of the roof, shall not exceed the following limits:

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1. A height of twenty-eight feet for lots with an average slope of less than twenty percent from front property line to rear property line, as well as for lots which slope from side yard to side yard regardless of the average slope; or

2. A height of twenty-six feet for downsloping lots (from front to rear) with an average slope of twenty percent or more; or

3. A height of thirty feet for upsloping lots (from front to rear) with an average slope of twenty percent or more.

K. Second story front decks. Second story front decks may be no larger than seventy-two square feet and shall have a front depth less than six feet. Second story front decks shall be set back at least eighteen inches from the face of the first floor of the house, or provide a solid vertical surface around the bottom eighteen inches of the deck.

L. Second story privacy. Transparent second story windows, any other transparent opening, or any deck facing any interior side yard adjacent to an abutting property which abutting property has a side yard greater than ten feet, shall not be allowed.

M. Third stories. Third stories, where any part of the three stories lie within the same vertical plane are not allowed. This provision applies whether the third story is created for a new home or for an addition to an existing home.

N. General provisions, conditions and exceptions. As set forth in Chapter 12.84.

O. All exterior changes to a single-family or two-family residence requiring a building permit shall be consistent with the basic design principles of the residential design guidelines, as adopted by the city council and amended from time to time.

P. Parking. As set forth in Chapter 12.100.

Q. Architectural review permit. As set forth in Section 12.200.070.

A Building heights, which for the purposes of this chapter only shall mean the vertical distance from the elevation of the sidewalk in front of the house at the midpoint of the horizontal width of the house to the highest or topmost point of the roof shall not exceed the following limits without securing a conditional use permit:

1. A height of twenty-eight feet for lots with an average slope of less than twenty percent slope from front property line to rear property line, as well as for lots which slope from side yard to side yard regardless of the average slope; or

2. A height of twenty-six feet for downsloping lots (from front to rear) with an average slope of twenty percent or more; or

3. A height of thirty feet for upsloping lots (from front to rear) with an average slope of twenty percent or more.

B. A conditional use permit shall be required for new construction on individual infill lots, [i.e., on lot(s) which have houses existing on both sides of the subject lot and which are not part

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of a comprehensive subdivision under general construction], or for expansion, alteration or additions to existing structures, which construction would result in the following:

1. A second story having any transparent window, any other transparent opening, or any deck facing any interior side yard adjacent to an abutting property which abutting property has a side yard greater than ten feet.

2. A second story front deck:
a. Larger than seventy-two square feet; or
b. Having a front depth greater than six feet; or
c. Which is not set back at least eighteen inches from the face of the first floor of the house, or which does not provide a solid vertical surface around the bottom eighteen inches of the deck.

C. For the purposes of this section, buildings which are moved or manufactured off-site and placed on a property shall be subject to the same requirements as new construction on infill lots. (Ord. 1877A § 3, 2020; Ord. 1784 § 2, 2010; Ord. 1520 § 2, 1990)

12.200.050 Development limitations.

A conditional use permit shall be required whenever any of the following development limitations are exceeded.

A. Lot Coverage. The maximum lot coverage for all structures in the R-1 and R-1-D residential districts shall not exceed eighty percent of the total floor area allowed by this section.

The maximum lot coverage in R-2 residential districts shall not exceed the total floor area allowed by this section.

B. Floor Area. The permitted floor area (FA) of buildings shall be determined by multiplying the adjusted lot size (from Chart 1) by the floor area ratio corresponding to the slope of the lot from Chart 2, below.

1. Average Percent Slope of Site. The average percent slope of site is computed by the following formula:

AS (Average Percent Slope of Site)

where:

I = contour interval in feet, not to exceed ten (10) feet

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L = summation of length of contour lines in feet; and
A = area in square feet of parcel being considered.

AS = average percent slope of site.

2. Floor Area Ratio Adjustment Factor for Lot Size. The floor area ratio shall be adjusted inversely proportional lo the lot size as shown on Chart 1, following:

Chart 1

ADJUSTED LOT SIZE
Lot Size (sq. ft.) Adjustment Factor
2,500 1.20
3,000 1.16
3,500 1.12
4,000 1.08
4,500 1.04
5,000 1.00
5,500 0.97
6,000 0.94
6,500 0.91
7,000 0.88
7,500 0.85
8,000 0.82
8,500 0.79
9,000 0.77
9,500 0.75
10,000 0.73
10,500 0.71
11,000 0.68
11,500 0.66
12,000 0.64
12,500 0.62
13,000 0.61
13,500 0.60
14,000 0.59
14,500 0.58
15,000 0.57
15,500 0.56
16,000 0.55
16,500 0.54
17,000 0.53
17,500 0.52
18,000 0.51
18,500 0.50
19,000 0.49
19,500 0.48
20,000 0.47
>20,000 0.47

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Chart 2

PERMITTED FLOOR AREA
Average Slope (percent) Floor Area Ratio (FAR)
<10 0.550
10 0.550
11 0.545
12 0.541
13 0.537
14 0.533
15 0.529
16 0.524
17 0.519
18 0.514
19 0.509
20 0.505
21 0.500
22 0.495
23 0.490
24 0.485
25 0.480
26 0.475
27 0.470
28 0.465
29 0.460
30 0.456
31 0.451
32 0.446
33 0.441
34 0.436
35 0.432
36 0.427
37 0.422
38 0.417
39 0.412
40 0.407
41 0.402
42 0.397
43 0.392
44 0.387
45 0.383
>45 0.383

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The above displays graphically the application of Chart 1 and Chart 2. The horizontal axis is the total lot size. The vertical axis is the floor area of the building. The curve shows the maximum floor area allowed without securing a conditional use permit, each curve representing a different average percent slope. The above is provided for illustrative purposes only, and Chart 1 and Chart 2 are to be applied. (Ord. 1877A § 3, 2020; Ord. 1520 § 2, 1990)

12.200.060 Review requirements.

In considering applications for conditional use permits pursuant to this chapter:

A. Such applications shall first be sent to the architectural review committee; B. Consideration should be given to the average height of adjacent houses for construction, expansion or alterations which increase the height above one story; C. Incremental alterations, additions or expansions of single-family residential structures after September 26, 1988 and of two-family residential structures after September 26, 1990 shall be aggregated and calculated as a single addition or expansion. (Ord. 1877A § 3, 2020; Ord. 1520 § 2, 1990)

12.200.070 Architectural review permits required.

Approval of an architectural review permit by the community development director is required for the following project types in the R-1 or R-2 districts, as set forth in Chapter 12.108:

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A. New structures or additions to existing structures that encroach into a side or rear setback by up to 2 feet beyond what is permitted by Section 12.200.040.D, except that in no case shall less than a 3-foot setback be allowed. Encroachments into side or rear setbacks greater than 2 feet beyond what is permitted by Section 12.200.040.D shall require approval of the planning commission.

B. New structures or additions to existing structures that cause the lot coverage to exceed the percentage defined in Section 12.200.040.E., but not to exceed one-hundred and ten percent of the total floor area allowed by this section. Projects that result in lot coverage greater than one-hundred and ten percent of the total floor area allowed by this section shall require approval of the planning commission.

C. The addition of impervious surface that exceeds the percentage defined in Section

12.200.040.F. Exceeding allowed impervious surface by 10 percent or greater shall require approval of the planning commission.

D. New structures or additions to existing structures that cause the floor area ratio to exceed the equivalent of 0.62 as defined in Section 12.200.040.G, H, and I. Projects that result in equivalent floor area ratio above 0.62 shall require approval of the planning commission.

E. New structures or additions to existing structures with building heights that exceed the allowed heights in Section 12.200.040.J by up to 3 feet. Projects that exceed allowed heights by more than 3 feet shall require planning commission approval.

F. New or modified second story front decks that exceed the allowances defined in Section

12.200.040.K.

G. New or modified second story windows, openings or decks that do not comply with Section 12.200.040.L.

H. New or modified third stories, where any part of the three stories lie within the same vertical plane as defined in Section 12.200.040.M. This provision applies whether the third story is created for a new home or for an addition to an existing home.

All structures requiring a use permit by the provisions of this chapter shall first be reviewed by the architectural review committee of the planning commission. In addition, any structure which is increased by more than one thousand square feet, or which will be greater than three thousand square feet as a result of new construction or addition, shall be required to obtain an architectural review permit prior to receiving a building permit. (Ord. 1877A § 3, 2020; Ord. 1520 § 2, 1990)
SECTION 95. Chapter 12.210 (Request by Mayor or Councilmembers for Final Review of Decisions by City Council) of Article III (Zoning) of Title 12 (Land Use) is deleted in its entirety.

SECTION 96. Section 12.220.040 of Chapter 12.220 (Wireless Communication Facilities) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

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12.220.040 Architectural review Use permit required.

A. No telecommunication facility shall be placed within the city of San Bruno without first obtaining an architectural review a use permit except as otherwise allowed by the provisions in this chapter.

B. A complete application for an architectural review a use permit is required and includes a cumulative impact analysis as set forth in this chapter.

C. The procedures for review and approval of architectural review use permit applications shall be as set forth in San Bruno Municipal Code Chapter 12.108 (Architectural Review Permits), 12.112 (Use Permits) and as contained in this chapter.

D. Notwithstanding the provisions of this section, an architectural review a use permit shall not be required for the placement or installation of a collocation facility if all of the criteria below are met:

1. The applicant must have a business license allowing applicant to conduct business in the city, where requiring such business license is allowed by law.

2. A building permit is issued for the collocation facility. Prior to issuance of a building permit for co-locations, the applicant shall demonstrate compliance with this subsection by (a) submitting an application, including a written statement that the criteria set forth herein is met and that the proposed collocation facility is consistent with the cumulative impact analysis conducted for the existing wireless telecommunications facility or wireless telecommunications collocation facility, (b) responding to all information requests, and (c) paying associated application fees.

3. The collocation facility is consistent with all the requirements applicable to the existing wireless telecommunications facility or wireless telecommunications collocation facility, including, without limitation, zoning permit conditions, use permit conditions, architectural review permit conditions, and applicable requirements of the current San Bruno Municipal Code, and applicant agrees in writing to operate and maintain facility in compliance with these requirements and conditions.

4. The existing wireless telecommunications facility or wireless telecommunications collocation facility was subject to a zoning permit use permit that allowed future or additional co- locations.

5. The existing wireless telecommunications facility or wireless telecommunications collocation facility was subject to review under the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code), which addressed the environmental impacts of future or additional co-locations, either through certification of an environmental impact report, adoption of a negative declaration or mitigated negative declaration or identification of a categorical exemption, and the collocation facility incorporates any required mitigation measures.

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E. The architectural review use permit exception provided in subsection B of this section shall not apply to telecommunications facilities other than collocation facilities. (Ord. 1778 § 2, 2009; Ord. 1711 § 1, 2006)
SECTION 97. Paragraph C of Section 12.220.060 (General Requirements) of Chapter 12.220 (Wireless Communication Facilities) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

C. Setbacks for telecommunications facilities not located on buildings or pre-existing structures, shall be a distance equal to the setback requirements in the applicable zoning district, measured from the base of the pole, except that the decision-making body planning commission or community development director (depending on the approval authority) may modify the placement of a telecommunications facility when placement in a particular location will reduce visual or noise impacts.

SECTION 98. Section 12.220.070 (Application Requirements) of Chapter 12.220 (Wireless Communication Facilities) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.220.070 Application requirements.

An applicant for an architectural review a use permit for a telecommunications facility within the city of San Bruno shall provide the following information and documentation, which requirements the director of community development or other reviewing authority may waive or may require additional information based on project specific factors:

A. The applicant shall provide identification and location information for applicant, company, project manager, long-term responsible party for city and neighborhood issues, and agent for service of process.

B. A cumulative impact analysis which describes and evaluates the combined impacts of the project on the immediate site and on adjacent properties, and includes, but is not limited to, the following:

1. Site location plan for the proposed telecommunication as follows:
a. A general description of the project,
b. Site coverage map detailing ranges of existing and planned facilities, service area covered, gap coverage, and how facilities will cover the gap, c. The need for the tower in that particular location, and d. Alternative site selection and co-location opportunities with a statement of efforts to utilize such opportunities;

2. A design plan of the proposed telecommunications facility as follows:
a. Description of the telecommunications facilities proposed in relation to the site,

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b. Size and dimensions of the property and the proposed facilities, c. Description of stealth design being utilized,
d. Photo simulations or other visual representations, and e. Information on whether other technologies exist that would minimize adverse visual or other impacts, and if such technologies are available, why the applicant is not using those technologies;

3. Evidence of compliance with standards as follows:
a. Radio Frequency (RF). A qualified electrical engineer licensed by the state of California shall prepare an evaluation of RF electromagnetic field exposures identifying the federal standards and demonstrating that RF levels generated by facility meet federal standards, including cumulative impact from nearby facilities,
b. Noninterference. A written statement from a qualified engineer licensed by the state of California that the telecommunications facility will not interfere with public safety communications and the usual and customary transmission or reception of other communication services enjoyed by adjacent residential and nonresidential properties, c. Safety. A written statement acceptable to the city’s fire marshal and the building official that the facilities do not pose a risk of explosion, fire or other danger to life or property due to proximity to other materials and facility is designed and certified by a state of California qualified engineer that the telecommunications facility is structurally sound, and d. Noise and Acoustical Information. A written statement from the applicant explaining how the telecommunications facility is using a whisper design to minimize noise disruption.

C. Business License Required. The applicant must submit evidence that it has received a business license to allow it to conduct business in the city, where requiring such business license is allowed by law. (Ord. 1778 § 2, 2009; Ord. 1711 § 1, 2006) SECTION 99. Section 12.220.080 (Findings for Approval) of Chapter 12.220 (Wireless Communication Facilities) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.220.080 Findings for approval.

A. The community development director planning commission will approve an architectural review a use permit application if the applicant demonstrates that it has fully complied with the requirements of this chapter, and the community development director planning commission can make the findings set forth in San Bruno Municipal Code Section 12.108.040 (Architectural Review Permits—Issuance conditions) and Section 12.112.050 (Use permits—Granting), as applicable.

B. As federal law prohibits the city from denying an application because of concerns regarding the safety of RF emissions where the applicant demonstrates compliance with federal

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law standards, the community development director planning commission may not base a use permit denial on these grounds.

C. If the community development director planning commission approves an application, the director’s commission’s approval must contain conditions addressing the operation, review on periodic basis, maintenance, repair, relocation, and removal of the telecommunications facility. The director planning commission may impose additional conditions consistent with state and federal law, and consistent with this chapter. The planning commission director may not include any condition that would unreasonably discriminate among providers of functionally equivalent providers with respect to facilities that are similarly situated in terms of structure, placement, or cumulative impact.

D. Any decision by the planning commission or the community development director must be supported by substantial evidence contained in a written record. A decision to deny an application must be in writing, and must provide a sufficient explanation of the reason for denial. (Ord. 1778 § 2, 2009; Ord. 1711 § 1, 2006)
SECTION 100. Section 12.220.090 of Chapter 12.220 (Wireless Communication Facilities) of Article III (Zoning) of Title 12 (Land Use) is deleted in its entirety.

SECTION 101. Paragraph W of Section 12.230.020 (Definitions) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

W. “Planning permit” means any discretionary approval of a residential or nonresidential development project, including, but not limited to, a general or specific plan adoption or amendment, rezoning, tentative map, conditional use permit, variances, or architectural review permit design review.

SECTION 102. Paragraph A of Section 12.230.030 (Affordable Housing Requirements) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

A. Residential Development Projects. All new residential development projects of five or more units shall include at least fifteen percent of the total units as affordable housing units restricted for occupancy by very low-, low-, and moderate-income households, as specified in this section, unless an alternative is proposed by the developer and approved by the decision- making body for the planning permit city council, as provided in Section 12.230.060(B). No application for a rezoning, tentative map, conditional use permit, design review, or building permit shall be approved, nor shall any such project be constructed or approved without compliance with this chapter.

1. For-Sale Units. At least fifteen percent of the total for-sale units in a residential development project shall be affordable housing units, of which five percent shall be affordable and restricted to occupancy by low-income households and ten percent shall be affordable and restricted to occupancy by moderate-income households.

2. Rental Units. At least fifteen percent of the total rental units in a residential development project shall be affordable housing, of which five percent shall be affordable and restricted to occupancy by very low-income households, five percent shall be affordable and restricted to

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occupancy by low-income households, and five percent shall be affordable to and restricted to occupancy by moderate-income households.

3. All residential development projects shall also include all replacement affordable units required by State Density Bonus Law (Government Code Section 65915), the Housing Crisis Act of 2019 (Section 66300), or Housing Element Law (Section 65583.2). Replacement affordable units may also be used to meet the city’s requirements for affordable housing units if they meet the requirements of this chapter. Total units shall not include any units granted pursuant to density bonuses provided under State Density Bonus Law.

4. In determining the number of affordable housing units required, any decimal fraction of one-half or more shall be rounded up to the nearest whole number.

5. For decimal fractions of less than one-half, the developer shall either construct one additional affordable unit or to pay the partial unit payment set forth in Section 12.230.040(C).

SECTION 103. Paragraph A of Section 12.230.040 (Affordable Housing Impact Fees and In-Lieu Fees) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

A. Affordable housing impact fees and in-lieu fees are hereby established for all residential and nonresidential development projects, including affordable housing in-lieu fees for residential development projects and commercial linkage fees for nonresidential development projects. The amount of the affordable housing impact fees and in-lieu fees shall be established and adjusted from time to time by resolution of the city council. The affordable housing impact fees shall not exceed the cost of mitigating the impact of residential or nonresidential development projects on the need for affordable housing in the city.

1. Commercial Linkage Fees. As provided in Section 12.230.030, all nonresidential development projects shall pay a commercial linkage fee, unless an alternative is proposed by the developer and approved by the city council as described in Section 12.230.060.

2. Affordable Housing In-Lieu Fees for Residential Development Projects. If approved by the decision-making body city council as provided in Section 12.230.060(B), residential development projects may pay an affordable housing in-lieu fees rather than provide onsite units.

SECTION 104. Section 12.230.060 (Alternatives) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.230.060 Alternatives.

A. Notwithstanding any contrary provisions of this chapter, the decision-making body for the planning permit city council may approve or conditionally approve an alternative to the requirements in Section 12.230.030 of this chapter as proposed by the developer in the affordable housing plan required by Section 12.230.070 of this chapter, provided that the decision-making body city council makes the findings required by subsections B and C, as appropriate.

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B. Residential Development Projects. As an alternative to construction of affordable housing units on site, if approved by the decision-making body for the planning permit city council, developers of residential development projects may propose to provide affordable housing units through alternative means, including:

1. Payment of Affordable Housing In-Lieu Fees. The city may accept payment of an affordable housing in-lieu fee in place of construction of on-site units in accordance with Section 12.230.030 if all of the following findings can be made:
a. The decision-making body for the planning permit city council determines that the affordable housing in-lieu fee will provide at least an equivalent number of affordable units at the same or lower income levels as would otherwise be required by Section 12.230.030 based on the city’s economic analysis.
b. The average unit size in the project seeking to pay an affordable housing in-lieu fee is equal to or greater than two thousand square feet or four bedrooms.

2. Off-Site Affordable Units. The decision-making body for the planning permit city council may approve or conditionally approve an alternative to provide affordable units off-site if it makes the following findings:
a. Financing or a viable financing plan, which may include public funding sources, is in place for the proposed affordable housing units;
b. The proposed location is suitable for the proposed affordable housing, is consistent with the Housing Element, General Plan, and Zoning Ordinance, and will not tend to cause residential segregation or concentrations of poverty;
c. The units shall be constructed within the city of San Bruno and shall be constructed and occupied prior to occupancy of the residential development project; d. Such alternative compliance will provide as many or more affordable units at the same or lower income levels as would compliance with Section 12.230.030 and will not increase residential segregation or concentrations of poverty, based on substantial evidence.

3. Provision of Rental Units in Place of For-Sale Units. The affordable housing requirement for for-sale units in Section 12.230.030 may be satisfied by providing five percent of the for-sale units at affordable rent to very low-income households, five percent of the for-sale units at affordable rent to low-income households, and five percent of the for-sale units at affordable rent to moderate-income households. The affordable housing agreement shall include provisions to provide for the future sale of the affordable housing units at an affordable ownership cost and relocation benefits for tenants of the inclusionary units if the owner of the for-sale units later determines to offer any affordable housing units in the residential development project for sale. At sale, appropriate documents shall be recorded to ensure affordability of ten percent of the for-sale units to moderate income households and five percent of the for-sale units to low income households for a forty-five-year term.

4. Alternative Percentages and Income Levels of Affordable Units. The decision-making body for the planning permit city council may choose to approve a different percentage of total units as affordable units allocated to alternative income groups (i.e., provision of a lower total

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percentage of affordable units with all units dedicated to very low-income households) than identified in Section 12.230.030 provided that it finds that:
a. An economic analysis prepared by a qualified consultant selected by the city demonstrates that the project provides the same overall affordable housing subsidy as would be provided by meeting the standards in Section 12.230.030; and b. Tthe alternative percentages and income levels of affordable units provided by the project will better assist the city in reducing Regional Housing Needs Allocation (RHNA) deficits for very-low income, low-income or moderate-income households.

The community development director may require an economic analysis prepared by a qualified consultant selected by the city that demonstrates the project provides the same overall affordable housing subsidy as would be provided by meeting the standards in Section

12.230.030.

5. Other Alternatives. The decision-making body for the planning permit city council may review and approve an alternative mitigation program, including, but not limited to, the dedication of land to the city suitable for construction of affordable units, the purchase of existing units for conversion to affordable units, acquisition and rehabilitation of affordable units, or increase in the total number of affordable housing bedrooms, provided that it can find that, based on substantial evidence, that:
a. Such alternative compliance will provide as many or more affordable units at the same or lower income levels as would compliance with Section 12.230.030 and will not increase residential segregation or concentrations of poverty; and b. The affordable units provided by the project will assist the city in reducing Regional Housing Needs Allocation (RHNA) deficits for very-low income, low-income or moderate-income households.

C. Nonresidential Development Projects. As an alternative to payment of the commercial linkage fees, developers of nonresidential development projects may propose to mitigate the affordable housing impacts of such development through the construction of affordable housing units on site or through an alternative mitigation program, as provided in subsection B of this section. In addition to the findings contained in subsection B, the decision-making body city council shall find that the proposed alternative mitigates the impact of the project on the need for affordable housing to the same extent as payment of the commercial linkage fee.

D. Any affordable rental or for-sale housing units proposed as an alternative shall be subject to the requirements described in Sections 12.230.070 through 12.230.110 of this chapter, as applicable. (Ord. 1898 § 3, 2021; Ord. 1843 § 3, 2016) SECTION 105. Section 12.230.070 (Compliance Procedures) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.230.070 Compliance procedures.

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A. General. Approval of an affordable housing plan and execution, recordation and implementation of an affordable housing agreement shall be conditions of any approval of a residential or nonresidential development project, which includes the provision of affordable housing units as provided in Section 12.230.030 or 12.230.060. No affordable housing plan is required if the developer proposes only to pay the commercial linkage fee.

B. Affordable Housing Plan. No application for approval of a residential or nonresidential development project which includes the provision of affordable housing units or payment of affordable housing in-lieu fees may be deemed complete until an affordable housing plan containing all the elements identified below is submitted to the community development department, except that an affordable housing plan to pay affordable housing in-lieu fees need only contain the information required to make the findings contained in Section 1213.230.060.The affordable housing plan shall include:

1. The number, location, number of bedrooms and size of the proposed market rate and affordable housing units and the basis for calculating the number of affordable housing units;

2. If the applicant is applying for a density bonus, the affordable housing plan must include an analysis of the density bonus request as required by Chapter 12.250;

3. A site plan depicting the proposed location of the affordable housing units;

4. A floor plan depicting the proposed location, number of bedrooms, and square footage of the affordable housing units within a residential development;

5. The income levels to which each affordable housing unit will be made affordable;

6. The mechanisms that will be used to assure that the units remain affordable for the desired term, such as resale and rental restrictions, deeds of trust, and city’s option to purchase and other documents;

7. For a phased residential development proposing any change to the phasing requirements specified in Section 12.230.080(B), a phasing plan that provides for the timely development of affordable housing units in each proposed phase of development;

8. The marketing plan for initial sales or rental by developer of the affordable housing units;

9. Any proposed alternative as provided in Section 12.230.060 along with information necessary to support the findings required in Section 12.230.060 for approval of such alternatives; and

10. The community and economic development director may request additional information as reasonably needed to assist with evaluation of the affordable housing plan under the standards of this chapter.

C. The affordable housing plan shall be processed concurrently with all other permits required for the residential or nonresidential development project. Before approving the affordable housing plan, the city council decision-making body shall find that the affordable

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housing plan conforms to this chapter. A condition shall be attached to the first approval of any residential or nonresidential development project to require recordation of an affordable housing agreement, as described in this subsection, prior to the approval of any final or parcel map or building permit for the residential or nonresidential development project.

D. Affordable Housing Agreement. To ensure compliance with the approved affordable housing plan, an affordable housing agreement acceptable to the city attorney or designee shall be recorded against the residential or nonresidential development project prior to approval of any final or parcel map, or issuance of any building permit, whichever occurs first. The affordable housing agreement shall specify the number, type, location, size, phasing, and terms of affordability of all affordable housing units, provisions for income certification and screening of potential purchasers or renters of units, resale control mechanisms for for-sale units, the financing of ongoing administrative and monitoring costs, and all other provisions required to ensure compliance with the approved affordable housing plan.

E. The city manager community development director may adopt affordable housing guidelines consistent with this chapter and the Housing Element for the purpose of carrying out the administration of this chapter and may update those guidelines periodically as required. (Ord. 1898 § 3, 2021; Ord. 1843 § 3, 2016)
SECTION 106. Section 12.230.080 (Affordable Housing Unit Standards) of Chapter

12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

12.230.080 Affordable housing unit standards.

A. All affordable units provided pursuant to Sections 12.230.030 and 12.230.060 shall be comparable to the overall quality of construction to market-rate units in the same housing development as follows:

1. The exterior appearance of the affordable units shall be compatible with that of market- rate units, including the use of the same architectural style, the same façade and roof materials, the same trim details, same windows, and compatible roof design and slope.

2. Interior finishes and amenities may not differ from those provided in the base model market rate units.

3. The average number of bedrooms in the affordable housing units shall be the same as the average number of bedrooms and average size in the market-rate units, and the affordable housing units shall be dispersed within the residential development, with unit locations comparable to those of the market-rate units, subject to review and approval by the community development director.

4. The affordable housing units shall have the same amenities as the market rate units, including the same access to and enjoyment of common open space, parking, storage, and other facilities in the residential development, provided at an affordable rent as defined in Section 12.230.010 or at affordable ownership cost as defined in Section 12.230.010.

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B. Affordable housing units provided pursuant to
Sections 12.230.030 and 12.230.060 shall be made available for occupancy concurrently with the market-rate units. For the purposes of this subsection, “concurrently” means that the city shall issue building permits for the market-rate units proportionally with building permits for the affordable housing units, and the city shall approve final inspections or certificates of occupancy for the market-rate units in proportion with final inspections or certificates of occupancy for the affordable housing units. However, the city council decision-making body for the planning permit may modify the timing requirements for construction and occupancy of market-rate units to accommodate phasing schedules, model variations, or other factors, if the city council decision- making body determines that modifying the timing requirements is necessary to ensure feasibility of the residential development project.

C. All affordable housing units provided pursuant to Sections 12.230.030 and 12.230.060 shall be subject to a resale restriction, deed of trust, and/or regulatory agreement recorded against the property for execution by the city manager, in a form approved by the city attorney, to ensure the continued affordability of the affordable units.

1. Affordable housing units produced under this chapter shall be legally restricted to occupancy by households of the income levels for which the units were designated for a period of not less than fifty-five years for rental units and forty-five years for for-sale units.

2. To the extent permitted by state and federal law, preferences will be given to those households where at least one member in the household lives or works in San Bruno or works for a school district serving the residents living in the city, except for those deemed ineligible due to conflict of interest noted below.

3. Conflict of Interest. The following individuals are ineligible to purchase or rent certain affordable housing units: (a) elected or appointed city officials (including their spouse and dependents) who participated in the approval process for a project that included the affordable housing units; (b) the project applicant and its officers and employees (and their spouse and dependents); and (c) the project owner and its officers and employees (and their spouse and dependents). However, employees of the project applicant and project owner may purchase or rent affordable housing units if the units were designed and intended to be occupied by employees of the applicant or owner and approved by the city council decision-making body as part of the affordable housing plan. Officials, employees, or consultants of the city and members of city boards and commissions shall comply with all applicable laws, regulations, and policies relating to conflicts of interest as to their eligibility to develop, construct, sell, rent, lease, occupy, or purchase an affordable unit.

4. Any household that occupies an affordable housing unit must occupy that unit as its principal residence, unless otherwise approved in writing for rental to a third party for a limited period of time due to household hardship, as determined by the city.

5. No household may begin occupancy of an affordable unit until the household has been determined to be eligible to occupy that unit by the community development director or designee. The city manager or designee may from time to time adopt guidelines for determining household income and affordable housing cost, determining buyer eligibility, monitoring, and relevant administrative provisions. (Ord. 1898 § 3, 2021; Ord. 1843 § 3, 2016)

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SECTION 107. Paragraph B of Section 12.230.100 (Affordable Rental Units) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

B. Annual Report. The owner shall submit an annual report summarizing the occupancy of each affordable housing unit for the year and demonstrating the income-eligibility of the tenant, as required by the affordable housing agreement or rent regulatory agreement. The city manager community development director may require additional information to confirm household income and rental price of the unit if he or she the director deems necessary. The city council may establish an annual fee by resolution to cover the costs of this monitoring.

SECTION 108. Paragraph A of Section 12.230.110 (Administrative Relief) of Chapter 12.230 (Affordable Housing Program) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

A. As part of an application for the first approval of a residential or nonresidential development project, a developer may request that the requirements of this chapter be waived or modified by the city council decision-making body, based upon a showing that applying the requirements of this chapter would result in an unconstitutional taking of property or would result in any other unconstitutional result. Concurrently:

1. Any request for a waiver or modification shall be submitted with the project application.

The developer shall set forth in detail the factual and legal basis for the claim, including all supporting technical documentation.

2. Any request for a waiver or modification based on this section shall be reviewed and considered at the same time as the project application. The city council may from time to time establish by resolution a processing fee for review of any request for a waiver or modification.

SECTION 109. Paragraph B of Section 12.240.030 (Review Authority) of Chapter

12.240 (Reasonable Accommodation) of Article III (Zoning) of Title 12 (Land Use) is deleted in its entirety.

SECTION 110. Section 12.270.070 (Post-Decision Procedures) of Chapter 12.240 (Reasonable Accommodation) of Article III (Zoning) of Title 12 (Land Use) is amended to read as follows:

San Bruno City CouncilApril 9, 2024

San Bruno City Council
April 9, 2024