"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 SPECIAL MEETING
July 23, 2024
5:30 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/88504401726?
pwd=Hcg3KIZqHy1B6pKblYhBsFeTiYFa2q.1
Phone Line: 16465588656
Webinar ID: 885 0440 1726
Webinar Password: 744140
*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. STUDY SESSION
Public comment will be requested after each topic in this section a. Conduct a Joint City Council/Planning Commission Study Session on a FiveYear LongRange Planning Strategy
b. Conduct a Joint City Council/Planning Commission Study Session on the Metropolitan Transportation Commission TransitOriented Communities Policy
4. ADJOURNMENT – The next Regular City Council Meeting will be held on July 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 July 19, 2024, by 6:00 pm.
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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
AGENDA
SAN BRUNO CITY COUNCIL SPECIAL MEETING
July 23, 2024
5:30 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/88504401726?
pwd=Hcg3KIZqHy1B6pKblYhBsFeTiYFa2q.1
Phone Line: 16465588656
Webinar ID: 885 0440 1726
Webinar Password: 744140
*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. STUDY SESSION
Public comment will be requested after each topic in this section a. Conduct a Joint City Council/Planning Commission Study Session on a FiveYear LongRange Planning Strategy
b. Conduct a Joint City Council/Planning Commission Study Session on the Metropolitan Transportation Commission TransitOriented Communities Policy
4. ADJOURNMENT – The next Regular City Council Meeting will be held on July 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 July 19, 2024, by 6:00 pm. 2 of 18
City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: July 23, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Peter Gilli, Community Development Director SUBJECT: Conduct a Joint City Council/Planning Commission Study Session on a Five-Year Long-Range Planning Strategy
BACKGROUND:
This proposed five-year long-range planning strategy describes the initiatives, milestones and timeframes for long-range planning initiatives required by law or fulfilling City Council direction.
The emphasis for this agenda item is the initiatives related to housing opportunities and economic development.
The City land use policy development is affected by Ordinance No. 1284, adopted in 1977. Ordinance No. 1284 sets a limit on building heights (3 stores, 50’), occupancy or density in residential districts, and parking structures. Exceeding Ordinance No. 1284 requires a ballot measure. Ordinance No. 1284 is provided in its entirety in Attachment 1. Ballot measures have been passed in 1984, 1987, 1999, 2001 and 2014 to exceed Ordinance No. 1284 height limits and allow certain parking structures.
DISCUSSION:
Housing Opportunities Strategy
Allowing more housing opportunities in neighborhoods is a key requirement from the State for the Sixth Cycle Housing Element. The Housing Element is scheduled for re-adoption hearings at the Planning Commission on August 6, 2024 and City Council on August 27, 2024.
One program in the Housing Element commits the City to adopting regulations that allow opportunities for homeowners beyond what is allowed by State law, such as allowing additional Accessory Dwelling Units (ADUs), additional lot splits, and allowing existing non-conforming units to be legalized. The specifics of this measure will be determined through future meetings with the Planning Commission and City Council.
Any policy that increases housing opportunities in neighborhoods beyond State law would require a ballot measure because it would add units or occupancy beyond what the zoning allowed in 1974.
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Item 3a.
Honorable Mayor and Members of the City Council
July 23, 2024
Minor amendments to the General Plan land use element are anticipated to be required as part of this effort as well, and an environmental review will be necessary. A summary of the milestones for the housing opportunities strategy are listed below:
Table 1: Housing Opportunities Strategy Milestones
Task Timeframe
Housing Element re-adoption August 2024
Develop expanded housing opportunities for homeowners FY24-25 Launch General Plan Land Use Element amendments, as
necessary
FY25-26
Prepare CEQA clearance FY27-28
2028 ballot measure to amend Ordinance No. 1284 FY27-28, FY28-29 Economic Development Strategy
The City may need to amend development regulations to encourage development to strengthen the City’s fiscal base, which will be informed by an assessment of the Transit Corridors Plan (TCP).
The City adopted the Transit Corridor Plan (TCP) in 2013 with the vision to create a more active and vibrant Downtown and El Camino Real corridor. Few projects have been built since adoption, and the City has not actively pursued the streetscape improvements that are described by the TCP. The City Council established and funded a top priority initiative in FY24- 25 to perform a financial feasibility assessment for the TCP. A request for proposals (RFP) was published on July 1, 2024, and a consultant will be retained later this summer.
The assessment will describe what development potential is generally necessary for a project to be financially feasible. Staff recommends that the City consider amendments to regulatory policies to improve the potential economic feasibility of land development. Staff believes the assessment will identify at least some areas where height increases are necessary for new development to be financially feasible. Allowing greater heights and above ground parking for commercial uses would require a ballot measure to be approved by the voters to modify the existing adopted Ordinance No. 1284, codified in San Bruno Municipal Code Chapter 12.26.
The anticipated changes to the land use policies would require General Plan Amendments to the Land Use and Circulation Elements. As this work starts, the City can consider whether other Land Use Element changes are appropriate in other parts of the City.
This policy work will require an amended or new environmental impact report. By investing in thorough and robust environmental review at the policy level, the costs of project environmental review can be reduced, further easing the costs for a developer to build a project.
The milestones for the economic development strategy are below.
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Honorable Mayor and Members of the City Council
July 23, 2024
Table 2: Economic Development Strategy Milestones
Task Timeframe
TCP Financial Feasibility Assessment FY24-25
Expected results are that TCP regulations are too limiting FY24-25 Launch General Plan Land Use Element amendments for
development areas
FY25-26
Amend the General Plan Circulation Element based on the Land Use changes identified
FY26-27
Consider amending specific plans and zoning FY27-28
Prepare EIR FY27-28
2028 ballot measure to amend Ordinance No. 1284 FY27-28, FY28-29 Schedule and Other Initiatives
There are additional long-range planning initiatives underway or planned, summarized below in Table 3. Fields filled in with gray indicates work on that topic will occur in that fiscal year. These initiatives are required by law or are directed by the City Council. The Tanforan development is included on this list because the project includes a complete refresh of the Planned Development (P-D) zoning for the site. The MTC TOC Policy is the subject of the second agenda item for this joint study session.
Table 3: Five-Year Long-Range Planning Strategy
Initiative FY24-
25 FY25-
26 FY26-
27 FY27-
28 FY28-
29 Housing Opportunities Strategy
(includes zoning, General Plan
amendments)
Economic Development Strategy
(includes zoning, TCP, General Plan
amendment)
Climate Action Plan
Safety Element
MTC TOC Policy
Tanforan Development
Additional Housing Element
Implementation (50+ items)
The City is in a good position to take on this five-year long-range planning strategy. The projected cost is $10M, most of which should be funded by the City Council’s recent FY24-25 increase to the General Plan Maintenance Fund, and next year’s planned increase. City Council adoption of the revised planning process amendments and the budget results in additional staffing and capacity for staff and the Planning Commission to handle these initiatives.
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Honorable Mayor and Members of the City Council
July 23, 2024
Combined Strategy
The proposed five-year long-range planning strategy is designed to allow the housing opportunities and economic development strategies to move forward together, to have a single environmental document and a single ballot measure. The other initiatives would proceed on their separate schedules.
FISCAL IMPACT:
There is no fiscal impact.
ENVIRONMENTAL IMPACT:
This study session topic is not considered a project under the California Environmental Quality Act (CEQA) and no environmental review is necessary. Environmental review will be performed for each long-range planning initiative.
RECOMMENDATION:
Conduct a Joint City Council/Planning Commission Study Session on provide City Council support for the Five-Year Long-Range Planning Strategy
ATTACHMENTS:
1. Chapter 12.26 – Voter Approval for High-Rise, High Density, Scenic Corridor, and Open- Space Developments (Ordinance No. 1284)
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CHAPTER 12.26
VOTER APPROVAL FOR HIGH-RISE, HIGH DENSITY, SCENIC
CORRIDOR, AND OPEN-SPACE DEVELOPMENTS
§ 12.26.010. Introduction—Reproduction of notice of intent to circulate petition.
Editor's Note: Pursuant to section 4 of Ordinance 1284, the "Notice of Intent to Circulate Petition" for the initiative entitled "Initiative Measure to Require an Affirmative Vote of the Voters of the City of San Bruno Prior to the Issuance of any Permits or Other Approvals for High-Rise or High-Density Developments and Projects Encroaching Upon Scenic Corridors and Open Spaces" is reproduced below.
The petition was certified by the city clerk on May 23, 1977, and adopted by the city council on June 1st, 1977, pursuant to Sections 4010 and 4011 of the 1977 California Elections Code [2005 Government Code Sections 9200 et seq.] Notice is hereby given of the intention of the persons whose names appear hereon to circulate the petition within the city of San Bruno for the purpose of assuring referral to the qualified electors of San Bruno certain planning and zoning enactments proposed by the City Council which may establish new precedents in planning and zoning policies:
substantially affect air and noise pollution; substantially encroach upon scenic corridors; and any other enactments which may threaten the community, its quality of life or its interaction with neighboring communities.
A statement of the reasons of the proposed action as contemplated in said petition is as follows:
Air pollution, noise pollution, traffic congestion, energy shortages, depletion of open space and flora and fauna, and aggravation of attendant storm drainage and waste disposal problems—all associated with planning and zoning policies which promote high densities, breaking of existing height limits and dilution of increasingly scarce community resources—are rapidly approaching emergency proportions in a community further deluged by major highway and freeway systems and airport operations. The peace, comfort and enjoyment of suburban living of the very recent past is rapidly being displaced by pollution, clamor and depletion of community environmental resources.
Unless these accelerated trends are halted quickly, San Brunans will be irreversibly plunged into the problems of central-city despair which heretofore have been avoided or kept at controlled minimal levels.
It is essential to adopt this initiative proposal so that San Bruno citizens may have the opportunity to make for themselves the final decisions on these types of crucial, turning- point planning and zoning enactments proposed by the City Council. We citizens of San Bruno, and we alone, should decide the ultimate direction and character of this community which we who live here love and wish to preserve. /s/ Terri Rasmussen
/s/ Dr. Louis Maraviglia
/s/ Rose Urbach
City of San Bruno, CA
§ 12.26.010 § 12.26.010
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ATTACHMENT 1
/s/ Lawrence Lucero
/s/ Gary Mondfrans
( Ord. 1284, § 4, 1977)
§ 12.26.020. Election required—Specification of project types.
Unless and until approved by a majority of the voters of the city, voting at a general or special election, no building permits, grading permits or other approvals shall be issued to allow or authorize the initiation or construction of buildings, other structures, land development projects or land uses described below:
( Ord. 1284 § 1, 1977)
§ 12.26.030. Pre-election hearings.
A. Buildings or other structures exceeding fifty feet in height; B. Buildings or other structures exceeding three stories in height; C. Buildings or other structures, modifications or redevelopment thereof in residential districts which increase the number of dwelling units per acre or occupancy, within each acre or portion thereof, in excess of limits permitted on October 10, 1974, under the then existing zoning chapter of the city of San Bruno; D. Multistory parking structures or buildings;
E. Buildings or other structures, modifications or redevelopment thereof which encroach upon, modify, widen or realign the following streets designated as scenic corridors: Crystal Springs Road between Oak Avenue and Junipero Serra Freeway; and Sneath Lane from El Camino Real to existing westerly City limits.
A. In voting upon this initiative ordinance and subsequent referrals thereunder, the People hereby find and declare that this ordinance and subsequent referrals are crucial legislative policy-making decisions by the voters of San Bruno necessary to adequately protect the health, safety and welfare of its citizens under present and future conditions.
B. To provide a knowledgeable basis for voter decisions and adequate opportunity to property owners who may be adversely affected to present their viewpoints to the planning commission, city council and voters, it is essential that the city council should provide for the following prior to election on this initiative ordinance and subsequent referrals thereunder:
1. Compliance with Section 4017 of the Elections Code providing for proponent and opponent arguments in the Voters Pamphlet and Sections 65854 et seq., of the Government Code providing for public hearings before the planning commission and city council.
2. Town-hall type of hearing whereby experts, proponents and opponents may be heard and questioned by voters in attendance; and availability to voters for City of San Bruno, CA
§ 12.26.010 § 12.26.030
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( Ord. 1284 § 2, 1977)
§ 12.26.040. Appeals—Election expenses—Deposit required.
Any owner-applicant may appeal denial of his application to the voters by accompanying such request with a sufficient deposit to cover entire expense of such election. ( Ord. 1284 § 3, 1977)
loan or review at city hall of summaries of hearings and EIR proceedings before the planning commission and city council and all other relevant materials.
City of San Bruno, CA
§ 12.26.030 § 12.26.040
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City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: July 23, 2024
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Peter Gilli, Community Development Director SUBJECT: Conduct a Joint City Council/Planning Commission Study Session on the Metropolitan Transportation Commission Transit-Oriented Communities Policy
BACKGROUND:
The Metropolitan Transportation Commission (MTC) is the transportation planning, financing and coordinating agency for the nine-county San Francisco Bay Area. MTC and Association of Bay Area Governments (ABAG) adopted Plan Bay Area 2050 in 2021, the region’s long-range plan for transportation, housing, the economy and the environment.
The Federal Highway Administration (FHWA) provides MTC with funding for investments in roads, highways, public transit, bicycle and pedestrian projects. MTC’s program to guide distribution of the region’s share of FHWA funding is through One Bay Area Grant (OBAG).
MTC adopted the Transit-Oriented Communities Policy in 2022 and revised it in 2023. The TOC Policy is an implementation policy of Plan Bay Area 2050 with the goal to “make it easier for people in the Bay Area to live a car-free or car-light lifestyle,” by increasing the density of homes, jobs and activities near stations, and improving connections around and between station areas. Compliance with the TOC Policy is voluntary, but is required to qualify for future OBAG transportation funding. The path to TOC Policy compliance is a combination of required elements, and elective elements. More information about the TOC Policy is available at the MTC website: https://mtc.ca.gov/planning/land-use/transit-oriented-communities-toc-policy There have been three rounds of OBAG funding, for which the City has received close to $3 million for rehabilitation of Huntington/San Antonio Street, bicycle and pedestrian improvements on Huntington Avenue, and pedestrian and median improvements on San Bruno Avenue. To be eligible for OBAG 4, the next round, the City must demonstrate compliance with the TOC Policy by January 2026. Key transportations that would request future OBAG funding could include Segment 2 of the Huntington Avenue bicycle and pedestrian improvements, implementation of TCP streetscape improvements on San Bruno Avenue, the Scott Street grade separation, bicycle boulevards on Elm and Linden Avenues, and Safe Routes to School improvements.
The purpose of this introductory study session is to receive City Council direction whether to pursue compliance and which elective path should be pursued. MTC plans to provide technical assistance to cities later this summer, including funding, to develop the policies necessary to 10 of 18
Item 3b.
Honorable Mayor and Members of the City Council
July 23, 2024
comply with the TOC Policy.
DISCUSSION:
This section of the report will summarize the policy work necessary to comply with the MTC TOC Policy, which falls into four categories:
· Density and Intensity Standards
· Affordable Housing and Anti-Displacement Policies
· Parking Management Policies
· Transit Station Access and Circulation
For some policies, the City only needs to adopt policies for the Station Area, which is a half-mile radius of the station, as shown in Attachment 1. For others, a citywide policy is required.
Density and Intensity Standards (Station Areas only)
The TOC Policy requires minimum development standards near transit stations, because ensuring high intensity uses near the stations is considered essential to achieving the MTC’s long term regional transportation goals.
Table 1 – Density and Intensity Standards
Minimum Residential
Density
Minimum Office
Intensity
Tier 2 (BART) 75 units per acre 3.0 FAR
Tier 3 (Caltrain) 50 units per acre 2.0 FAR
For cities that do not have defined densities or FARs, the TOC Policy would allow the use of a minimum building height equivalency.
The TOC Policy sets the process for a city to calculate the minimum densities and FAR. The minimum standards can be averaged over the applicable lands around the station. The average minimum only applies to lands that allow residential or office uses by right. And lands already occupied with residential units do not have to be included in the calculation of average density.
That allows the existing residential neighborhoods to be removed from the minimum density consideration.
Overall, staff has minimal concerns of setting minimum densities of 50 and 75 units/acre around the Caltrain and BART stations since development trends demonstrate new residential development along the transit corridors achieve over 100 units per acre even for small sites.
Setting a minimum FAR for office projects may not be practical, particularly the 3.0 FAR that would be required near the BART station. Staff would not oppose projects that propose higher FARs near transit, but given the number of smaller sites in San Bruno, staff is concerned with requiring 3.0 FAR as a minimum. The MTC TOC policy only requires the minimum office FAR where office is allowed by right without a use permit. Staff is exploring whether it is more prudent to amend the zoning to require use permits for office, thereby removing the requirement for an owner to meet the minimum FAR.
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Affordable Housing and Anti-Displacement Policies (Citywide) The MTC TOC Policy identifies numerous elective policies in four categories, and a City must adopt at least 7 of them to demonstrate TOC Policy compliance:
· Production (select minimum 2 of 7 options)
· Preservation (select minimum 2 of 8 options)
· Protection (select minimum of 2 of 11 options)
· Commercial Stabilization (select minimum of 1 of 4 options) Some policies are repeated in different categories, but can only be counted toward one category. Some policies are not applicable to San Bruno.
Staff recommends adopting the policies that:
1. Align with existing City policies;
2. Align with Housing Element programs required by the State; or
3. Require the lowest funding or resource commitments over time.
The recommended policies do not preclude the City Council from independently pursuing the other elective policies, but staff recommends those be done through the City Council goals, priorities and budget process.
Production
A minimum of two policies are required, and recommended policies are bolded.
Table 2 – Production Policies
# Policy Notes
1 Inclusionary Housing Existing ordinance qualifies
2 Affordable Housing Fund Minimum funding commitment
3 Affordable Housing Overlay Requires incentives beyond State law 4 Public Land for Affordable Housing Requires RFQ/RFP and resources 5 Ministerial Approval Maximum 0.5 spaces per unit
6 Public/Community Land Trusts Minimum funding commitment 7 Development Certainty and
Streamlined Entitlement Process
Overlaps with Housing Element Program
11a
The City’s existing regulations achieve Production policy 1, and planned actions for the Housing Element would fulfill Production policy 7.
Preservation
A minimum of two policies are required, and recommended policies are bolded. Non-applicable policies are struck-through.
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Table 3 – Preservation Policies
# Policy Notes
1 Funding to Preserve Unsubsidized
Affordable Housing
Minimum funding commitment
2 Tenant/Community Opportunity to
Purchase
Minimum funding commitment
3 Single Room Occupancy (SRO)
Preservation
No SROs in San Bruno
4 Condominium Conversion
Restrictions
1:1 replacement of converted units, no
funding/staffing commitment
5 Public/Community Land Trusts Requires RFQ/RFP and resources 6 Funding to Support Preservation
Capacity
Minimum funding and staffing commitment
7 Mobile Home Preservation No mobile homes in San Bruno 8 Preventing Displacement from
Substandard Conditions and
Associated Enforcement Activities
Amnesty program to waive fines/fees or a
low- or no-interest loan/grant program
($10k min per loan/grant)
Preservation policies 4 and 8 are recommended, because they have the least funding commitment and staff believes they are most appropriate for San Bruno.
Condominium conversions occur when an owner subdivides an existing, often aging, apartment building into air-space units to sell them. This can result in long-time tenants being displaced from relatively affordable units. The policy would not preclude conversions, but would require 1:1 replacement of comparable rental units unless purchased by the current long-term tenant or converted to permanent affordable housing. This policy is not applicable to a new development being mapped as condominiums at the outset.
The policy to prevent displacement from substandard conditions involves reducing costs for owners to address substandard issues before they become so significant that the tenants must be displaced to perform the corrective work. Funding is anticipated to be significantly less than other Preservation policies and could be provided through housing funds. This program would be a capacity impact to the City, whether it is run by the Police Department (Code Enforcement), Community Development (Building) or Fire Department. Staff recommends this Preservation policy 8 because of the community benefit and lower operational costs compared to other policy options.
Protection
A minimum of two policies are required, and recommended policies are bolded. Non-applicable policies are struck-through.
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Table 4 – Protection Policies
# Policy Notes
1 Just Cause Eviction Protection Overlaps with Housing Element Program 18a
2 No Net Loss and Right to Return to
Demolished Homes
Adopt existing State laws without sunset date
– necessary to do this to get credit for
Production 7
3 Legal Assistance for Tenants Minimum funding commitment 4 Foreclosure Assistance Minimum funding commitment
5 Rental Assistance Program Minimum funding commitment
6 Rent Stabilization Time consuming and ongoing costs
7 Preventing Displacement from
Substandard Conditions and
Associated Code Enforcement
Activities
Already using this for Preservation 8
8 Tenant Relocation Assistance Overlaps with Housing Element Program 18a (3 months fair market rent)
9 Mobile Home Rent Stabilization No mobile homes in San Bruno 10 Fair Housing Enforcement Minimum funding commitment
11 Tenant Anti-Harassment Protections Overlaps with Housing Element Program 18a Protection policies 1 and 8 are recommended, because they reflect work that the City already committed to doing in the Housing Element. The TOC Policy requires those that utilize Production policy 7, as staff recommends, to also adopt Protection policy 2.
Commercial Stabilization
A minimum of one policy is required, and the recommended policy is bolded.
Table 5 – Commercial Stabilization Policies
# Policy Notes
1 Small Business and Non-Profit
Overlay
One of the following: operating subsidy,
eviction protections, or relocation requirements
2 Small Business and Non-Profit
Preference Policy
Require new commercial spaces to give
preference (first offer)
3 Small Business and Non-Profit
Financial Assistance Program
Minimum funding commitment
4 Small Business Advocate Office Minimum staffing commitment Commercial Stabilization policy 2 is recommended primarily because there will no minimum funding or staffing commitments. Developers who build a new commercial space would have to give the first offer for leasing at the market rent to existing small businesses or non-profits in the community.
Parking Management Policies (Station Areas)
State law (AB 2097) prohibits the City from requiring parking minimums near transit, including
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the BART station, Caltrain station, and major bus lines such as El Camino Real and portions of San Bruno Avenue. As a result, parking provided by an owner/developer in a new project near transit is voluntary.
The TOC Policy requires the City to set parking maximums that would prohibit a developer from building more than the maximum allowed even if the developer wanted to provide more parking. Staff considers the parking maximum policy to be the most controversial component of the TOC Policy for San Bruno, particularly for the Tier 2 (BART) area.
Table 6 – Parking Comparisons
City Standard
(Minimum)
AB 2097
Requirement
(Minimum)
MTC TOC Policy
– Tier 2
(Maximum)
MTC TOC Policy
– Tier 3
(Maximum)
Multi-family
residential
1 space per
studio/1 bdrm unit
2 spaces per 2+
bdrm unit
1 guest space per
10 units
0 spaces 0.5 spaces per
unit 1 space per unit
General
retail/office
1 space per 300
sq. ft. of floor area 0 spaces
1.6 spaces per
1,000 sq. ft. (1 per
625 sq. ft.)
2.5 spaces per
1,000 sq. ft. (1
per 400 sq. ft.)
The City must also allow unbundled parking, shared parking between different land uses and set minimum bicycle parking standards in the station areas. Staff does not have concerns with these aspects of the parking policies because the unbundled/shared parking is to be allowed, not required, and the City already meets MTC TOC’s bicycle parking standards.
The City must also adopt an additional policy for parking management for the station areas from the following list (staff recommendation bolded):
· Transportation Demand Management (TDM) Policy for New Development · Curb Strategy/Management
· Parking Benefit District (PBD)
· Demand-Responsive Pricing
· Priced Parking
Staff recommends the TDM Policy for New Development, because the City already informally applies MTC’s TDM policies.
Transit Station Access and Circulation
The last policy category for compliance with the TOC Policy, and eligibility for OBAG funding is about transportation policy.
· Adopt a jurisdiction-wide Complete Streets Policy
· Prioritize implementation of active transportation projects in Station Areas · Complete an access gas analysis and capital improvement program for Station access
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· Identify Mobility Hub opportunities in Station areas
Based on discussions with MTC staff, the City meets these requirements, or can demonstrate compliance with limited work.
Summary
1. Complying with the MTC TOC Policy by January 2026 means the City will be eligible for OBAG transportation funding. Compliance should result in better opportunities to receive OBAG funding, but compliance does not guarantee the City will get requested funding or the amounts requested.
2. The majority of the policies needed to comply with the MTC TOC Policy are not inherently inconsistent with the City Council’s general positions, or they align with commitments in the Housing Element. The key exception is the parking maximums policy, particularly around the BART station.
3. Land use, housing and circulation are primary elements of the General Plan, making Planning Commission the logical board to review the policies and make recommendations to City Council for final action.
The recommended path to compliance is summarized in the table below:
Table 7 - Proposed San Bruno Path to MTC TOC Policy Compliance Categories Specifics Geographic Area Projected Hearing
Dates
Tier 2Density and Intensity
Standards Tier 3 Station Areas Q2 FY25-26
Production policies 1
and 7 Q2 FY24-25
Preservation policies
4 and 8 Q1 FY25-26
Protection policies 1
and 8 Q2 FY25-26
Affordable Housing
and Anti-
Displacement
Policies
Commercial
Stabilization policy 2
Citywide
Q4 FY24-25
Tier 2
Tier 3Parking Management
Policies Other Parking
Management
Station Areas Q1, Q2 FY25-26
Complete Streets
policy Citywide
Prioritize active
transportation
Access gap analysis
NATransit Station
Access and
Circulation
Identify Mobility Hub
opportunities
Station Areas
TBD
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Questions for City Council
1.Do the potential positive impacts of OBAG funding on future transportation projects outweigh the potential negative impacts to the City by adopting policies that comply with the TOC Policy? With the potential transportation projects that could receive OBAG funding, staff believes the benefits of compliance with the MTC TOC Policy outweighs the policy costs, even with the concerns about the maximum parking standards around the BART station.
While entirely speculative, given the trend of State laws related to housing and transit, the State may impose similar parking maximums near transit on cities in the near future. If one believes such an outcome to be likely, then that is another reason to comply with the TOC Policy by January 2026 to be eligible for the OBAG funding.
If the City Council supports pursuing compliance with the MTC TOC Policy, the next question is:
2. Does City Council support the recommended path to compliance, particularly the recommended Affordable Housing and Anti-Displacement Policies (Production, Preservation, Protection and Commercial Stabilization).
As noted previously, the City Council may have interest in adopting some of the other elective policies that are not being recommended. The recommended policies give the City the most direct path to compliance by the deadline. If City Council has interest in taking on other policy issues listed in the TOC Policy, staff would recommend doing those separately through the Council’s annual goal setting and budget process.
FISCAL IMPACT:
There is no fiscal impact from this study session item.
ENVIRONMENTAL IMPACT:
This study session topic is not considered a project under the California Environmental Quality Act (CEQA) and no environmental review is necessary. Environmental review will be performed, as required by CEQA, for any future City adoption of the policies necessary to comply with the MTC TOC Policy.
RECOMMENDATION:
1. Conduct a Joint City Council/Planning Commission Study Session
2. Direct staff to work with the Planning Commission toward TOC Policy compliance based on the staff recommended path
ATTACHMENTS:
1. MTC TOC Policy – San Bruno Station Area Map
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MTC TOC Policy – San Bruno Station Areas
• Green = Tier 2 area, half-mile radius around the BART Station • Red = Tier 3 area, half-mile radius around the Caltrain Station 18 of 18
ATTACHMENT 1