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3 grant application for Segment 2 of the Project between Segment 3 currently being constructed by the Southline and Segment 1 currently being constructed by the City. In 2020, the City successfully applied for and was awarded approximately $1,400,000 for Segment 1 of the project from the TA. Those funds are currently being used for the construction of Segment 1.
DISCUSSION:
Funding of Segment 2 of the Project was only available through the design phase. Latest construction estimates are approximately $6,000,000 for Segment 2. Staff have been actively pursuing outside funding and have applied to the Active Transportation Program and Congressional Appropriations. Staff is also working with the TA to apply for the Regional Measure 3 Safe Routes to Transit Program.
The TA’s Pedestrians and Bicycle Program currently allows up to $2,000,000 to be requested for each capital project with a 10% match. Although it is not sufficient to fully fund the project, it can be leveraged to obtain other funding sources, including ones that the City has already applied for or will apply for in the future. With other portions of the Project already under construction, staff believes City’s applications for funding is highly competitive. This Project is of regional importance because it provides a north-south connection for bicyclists and pedestrians, and also provides a connection to the San Francisco Bay Trail.
One of the application requirements is for the City to approve a resolution supporting the Project, commit matching funds in the amount of $200,000 and authorizes the City Manager, or his/her designee, to sign a funding agreement or memorandum of understanding with the TA.
FISCAL IMPACT:
If awarded, the City could receive up to $2,000,000 in grant funding from the TA. The TA requires that the City commit to providing a 10% match ($200,000) and the remaining difference of approximately $4,000,000 towards the total project cost of $6,000,000 needed for full implementation. This commitment is contingent on the City receiving additional grant funding for the full project scope. If the City is unable to secure sufficient grant funding to fund the full project, the grant funding may be reallocated to another agency.
There are no appropriation requests being made at this time, staff may request funding in a future budget year to fund the matching portion of the grant, which could be made up of other outside funding sources.
ENVIRONMENTAL IMPACT:
The Project is exempt under the California Environmental Quality Act (“CEQA”) as the project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines, Section 15301(c), which exempts existing street alterations for the addition of bicycle facilities, such as bicycle lanes and other similar alterations that do not create additional automobile lanes.
RECOMMENDATION:
Consider adoption of a Resolution supporting Huntington Avenue Bicycle and Pedestrian Improvements Project Segment 2 and submitting an application to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and Bicycle Program funding.
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3 ALTERNATIVES:
1. Do not adopt the resolution and do not submit an application for grant funding to the TA Pedestrian and Bicycle Program.
ATTACHMENTS:
1. Resolution
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6 RESOLUTION NO. 2024 - ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO SUPPORTING THE HUNTINGTON AVENUE BICYCLE AND PEDESTRIAN IMPROVEMENTS SEGMENT 2
PROJECT AND SUBMITTING AN APPLICATION TO THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY FOR CYCLE 7 PEDESTRIAN AND BICYCLE PROGRAM
FUNDING
WHEREAS, the City of San Bruno (Sponsor) has identified the need to improvement pedestrian and bicycle infrastructure on Huntington Avenue between San Bruno Avenue and Sneath Lane, and
WHEREAS, the Sponsor has developed the Huntington Avenue Bicycle and Pedestrian Improvements Project (Project) to provide a Class VI two-way bikeway, traffic improvements, lighting improvements, and landscape improvements, and
WHEREAS, the Sponsor has phased the Project and Segments 1 (San Bruno Avenue to Herman Avenue) and 3 (Pacific Avenue to Sneath Lane) are currently under construction, and WHEREAS, the Project Segment 2 (Herman Street to Pacific Avenue) is currently under design and the estimated cost to implement the construction phase of Segment 2 is $6,000,000, and
WHEREAS, the Sponsor seeks $2,000,000 for the construction phase of the Project, and
WHEREAS, the San Mateo County Transportation Authority (TA) issued a Call for Projects for the Cycle 7 Measures A and W Pedestrian and Bicycle Program on June 10, 2024, and
WHEREAS, the TA requires the Sponsor's governing board to adopt a resolution:
1. Supporting the Project and application for $2,000,000 in TA Measures A and W Pedestrian and Bicycle Program funds for Project;
2. Committing the Sponsor to the completion of the Project, including the commitment of matching funds in the amount of $200,000 needed for implementation;
3. Certifying that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and
4. If funds are awarded, authorizing the Sponsor's City Manager, or designee, to sign a funding agreement or memorandum of understanding (MOU) with the TA for TA Measures A and W Pedestrian and Bicycle Program funding for the Project and to take any other actions necessary to give effect to this resolution and execute applicable amendments.
WHEREAS, The Project is exempt under the California Environmental Quality Act (“CEQA”) as the project falls within the Class 1 Categorical Exemption set forth in CEQA Guidelines, Section 15301(c), which exempts existing street alterations for the addition of bicycle facilities, such as bicycle lanes and other similar alterations that do not create additional automobile lanes .
NOW, THEREFORE, BE IT RESOLVED that the City Council of City of San Bruno:
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6 1. Directs staff to submit an application to the TA for Measures A and W Pedestrian and Bicycle Program funds for $2,000,000 for the Huntington Bicycle and Pedestrians Improvements Project Segment 2;
2. Authorizes the City Manager, or designee, to execute a funding agreement or MOU and any amendments with the TA encumber TA Measures A and W Pedestrian and Bicycle Program funds;
3. Commits to the completing the Project, including contributing $200,000 of matching funds needed for Project implementation, if the requested TA funds are awarded, contingent on reciving addiitonal grant funding for the full Project scope;
4. Certifies that any funds awarded by the TA will be used to supplement existing funds for program activities, and will not replace existing funds or resources;
5. Authorizes the City Manager, or designee, to take any other actions necessary to give effect to this resolution and execute applicable amendments; and
6. Finds the action exempt under CEQA Guidelines Section 15301 (c) because it is an existing street alteration for the addition of bicycle facilities and does not create additional automobile lanes.
---oOo---
I hereby certify that foregoing Resolution No. 2024 - ___ was introduced and adopted by the San Bruno City Council at a regular meeting on August 27, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
Lupita Huerta, City Clerk
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City Council Agenda Item
Staff Report
CITY OF SAN BRUNO
DATE: August 27, 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 a Public Hearing, Deliberate, and Consider: 1) Adoption of a Resolution Adopting an Addendum to the Mitigated Negative Declaration Adopted for the 2023-2031 Housing Element, and Readopting a Mitigation Monitoring and Reporting Program; and 2) Adoption of a Resolution Adopting an Amended 2023-2031 Housing Element, with Findings of Substantial Compliance with State Housing Element Law, Pursuant to Government Code Section 65585, and Authorizing Staff to Submit the Amended Housing Element to the California Department of Housing and Community Development for Review and Certification; and 3) Adoption of a Resolution Making Findings and Overriding the San Mateo City / County Association of Governments (C/CAG) Airport Land Use Commission’s (ALUC) Determination of Inconsistency with Respect to Proposed General Plan land use diagram, U.S. Navy Site And Its Environs Specific Plan and Zoning Map Amendments for Sites 20, 21 and 22 of the 2023-2031 Housing Element Sites Inventory; and 4) Adoption of a Resolution Amending the General Plan Land Use Diagram to Change Certain Land Use Designations to Transit-Oriented Development, and Amending the U.S. Navy Site And Its Environs Specific Plan to Establish a Very High Density Residential Designation, and Amending the Specific Plan Land Use Diagram to Change the Designation of Certain Properties Very High Density Residential; and 5) Introduction, Reading by Title Only, and Waiving Further Reading of an Ordinance Amending the Planned Development (P-D) District Created by Ordinance No. 1087 to Add Multi- family Housing as a Permitted Use on the 11.28 Acre Site at 1178 El Camino Real, and to Amend the Boundaries of the P-D District Created by Ordinance No. 1087 to Include the 1.40 acre Parcel at 1292 Huntington Avenue with Multi-family Housing as a Permitted Use; and 6) Introduction, Reading by Title Only, and Waiving Further Reading of an Ordinance to Amend the Zoning Map to Change the Zoning Designation of 1.40 acres at 1292 Huntington Avenue from the Medium Density Mixed-Use (TOD-1) District to the Planned Development (P-D) District, and 0.57 acres at 1151 El Camino Real from Neighborhood Commercial (C-N) District to High Density Mixed-Use (TOD-2) District; and 7) Introduction, Reading by Title Only, and Waiving Further Reading of an Ordinance Entitled “An Ordinance of the City Council of the City of San Bruno Amending Title 12 (Land Use), Article III (Zoning) of the Municipal Code to Create Chapter 12.245 – Multi-Family Housing Ministerial 133 of 345
Item 7a.
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5 Review, and Finding Such Actions Exempt from the California Environmental Quality Act.”
BACKGROUND:
The State of California requires each City and County to adopt a Housing Element that summarizes how the jurisdiction will address housing issues for a planning period, subject to certification by the Department of Housing and Community Development (HCD).
In January 2023, the City Council adopted the Sixth Cycle 2023-2031 Housing Element, the culmination of a nearly two-year process (link). In late March 2023, HCD provided the City with a letter noting that while the Housing Element complied with most State housing laws, there remained a notable list of areas where the document needed additional work. In general, the areas of need fell into three categories:
1. Adding significantly more analysis and justification for the proposed housing sites;
2. Adding significantly more commitments to the programs to address housing issues; and
3. Adding or amending text to clarify compliance with State law.
Staff worked through the HCD comments and developed recommendations for significant program commitments and presented those to a joint City Council/Planning Commission study session on October 10, 2023. City Council and Planning Commission supported the recommended changes to the Housing Element.
· Staff Report: (link)
· Slides: (link)
Over the next months, staff amended the Housing Element to reflect City Council direction from October 2023, and hired Veronica Tam and Associates (VTA), a very well-known and highly qualified housing consultant, to provide the analysis and justification of the proposed housing sites in a manner that would satisfy HCD.
In mid-March 2024, a revised and reorganized Housing Element was submitted to HCD, and in mid-May 2024, a relatively short set of HCD comments was received, which demonstrated the City had made significant progress. In mid-July, the latest formal submittal of the Housing Element was sent to HCD. On August 6, HCD provided informal feedback to the City, where only four issues remained.
On August 6, 2024, the Planning Commission reviewed the Housing Element, and documents associated with two programs within the Housing Element: (1) the land use and zoning changes required for the identified housing sites in the Housing Element (Program 3a), and (2) a ministerial review ordinance for multi-family projects (Program 3f and 9a). After a public hearing and deliberation, the Planning Commission unanimously recommended approval. The Commission’s Resolution authorized staff to continue to make technical changes necessary to finalize the document with HCD leading up to the City Council action.
On August 14, staff was on a call with HCD staff, where the four issues were resolved with minor clarifications and two new actions. A letter from HCD is anticipated prior to the August 27 City Council meeting indicating that the amended Housing Element being reviewed by the City Council complies with State law.
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5 DISCUSSION:
This agenda item consists of four parts:
1. Housing Element and Technical Background Report
2. “Rezone” Sites and Airport Land Use Commission Override
3. Ministerial Review Ordinance
4. Addendum to the Mitigated Negative Declaration (discussed in the Environmental Impact section of this report)
Housing Element and Technical Background Report
Table 1: Housing Element and Technical Background Report Document Content Pages Link
Housing Element Executive Summary,
Introduction, Goals, Programs
and Actions
43 Link
Technical Background Report Background Information 346 Link
The Housing Element document provides the material most commonly used by City officials, staff and interested members of the public: an executive summary, introduction, and overview of goals and programs with timeframes. The programs listed in the Housing Element reflect the direction of City Council from October 2023.
The Technical Background Report (TBR) is a larger consolidation of background information and details. While this background information and details were critical to the development of the Housing Element policies, the material will not be as widely used moving forward. The majority of the contents of the TBR are unchanged since January 2023, except for Chapter 4 where significant additional text and tables are added to respond to HCD’s request for more analysis and justification of the housing sites in the Sites Inventory.
RHNA Strategy
The Regional Housing Needs Allocation (RHNA) Strategy is summarized in the Housing Element. The City was assigned a 3,165 unit RHNA, divided into four income-categories. The City must establish a Sites Inventory of properties where the RHNA can be reasonably accommodated with strong certainty. Units that are already approved or under construction, as well as project Accessory Dwelling Units (ADUs) are Credits that can be deducted from the RHNA to establish a “Remaining RHNA.”
The State strongly encourages jurisdictions to plan for more housing sites in the Sites Inventory than required, specifically by provide a “buffer” of an additional 15% beyond what the Remaining RHNA requires. City Council directed staff to provide at least a 15% buffer, which is included in the Housing Element.
Table 2 compares the RHNA Strategy from January 2023 and the amended Housing Element for August 2024. There were a handful of minor changes made, such as the Melody Toyota site on El Camino Real being removed from the Sites Inventory because it is being re-used for office; several sites that were approved came back for new approvals with a greater number of
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5 units; and the 840 San Bruno Ave project was fully entitled, which shifted the project from being on the Sites Inventory to the Credits category. The end result remains that the Sites Inventory fulfills the City’s RHNA obligation and provides a Buffer of at least 15%.
Table 2: Comparison of RHNA Strategy
January 2023 August 2024
RHNA 3,165 3,165
Remaining RHNA (After Credits) 2,212 2,158
Sites Inventory 2,709 2,552
Buffer (Units Exceeding Remaining RHNA) 497 394
Total Units Projected 3,662 3,682
Pursuant to Government Code Section 65583.2(g), the resolution adopting the Housing Element includes a finding that the City has substantial evidence that the existing uses on non-vacant sites identified in the Sites Inventory are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development during the planning period.
Programs and Actions
A major component of HCD’s comments from January 2023 was that the Programs and Actions needed to provide more firm commitments from the City. At the October 2023 joint study session, staff reported that the January 2023 version had many Programs that were more suited to be Actions, and many Actions that were minor tasks that did not need to be listed. A cross- reference chart was provided that showed the 19 Programs and 54 Actions proposed at the October 2023 joint study session included the meaningful aspects of the January 2023 programs and actions. Table 3 shows a comparison of the number of programs and actions in the Housing Element as the City has worked through the certification process:
Table 3: Comparison of Programs and Actions
January 2023 October 2023 August 2024
Programs 40+ 19 19
Actions 100+ 54 69
HCD supported the changes to the Programs and Actions, and over the past year of working with HCD, 15 additional actions were added within those programs to respond to HCD comments.
The Actions range from ongoing tasks to those that have a definable end product. Some actions have been completed already, with more to be completed in coming years as part of the Community Development Department’s workplan. The City is required to provide an Annual Progress Report (APR) to HCD in early spring of each year, and part of that report will cover progress on these Programs and Actions. Table 4 lists notable programs and actions in the Housing Element that will require City Council action, with those added since the Planning Commission meeting in bold:
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5 Table 4: Notable Programs and Actions in the Housing Element # Description Timeframe
3a Rezone sites for 1,099 units Part of agenda item
3d Add 500 units to the RHNA Strategy By end of 2026
Multiple Annual reporting/engagement with PC, CC, developers, owners of housing sites, faith-based organizations
Annual/ongoing
3f, 9a Adopt ministerial planning process for certain multi- family projects
Part of agenda item
3g Commit to expeditiously process the Tanforan
development application and environmental review
with the goal of entitlements by the end of 2025 (the
City and Alexandria already have the end of 2025 as the goal for entitlements).
By the end of 2025
4f, 5a 2028 ballot measure for extra ADUs, “Missing Middle”, applying TCP heights to rest of ECR, and expand TCP
EIR
November 2028
5b If the 2028 ballot measure fails, the City will develop alternative actions to address housing mobility
Begin within six
months
6b Amend affordable housing ordinance By end of 2027
6c Partnership with affordable housing developer for a city- owned site
RFP by end of 2026,
agreement by end of
2027
11a Amend Municipal Code to reflect State housing laws 1st phase by end of 2024, 2nd phase by
end of 2025
17a Adopt an Environmental Justice Element By July 1, 2026 18 Adopt local tenant protection, tenant assistance
regulations and condominium conversion ordinance
By end of 2025
AFFH Complete mobility/infrastructure improvements with emphasis on low-resource areas east of ECR –
including but not limited to Florida Park, Centennial
Plaza, bicycle paths, safe routes to school
Annually through CIP
“Rezone” Sites
The Sites Inventory assigned 1,099 units to sites where the General Plan Land Use Diagram, applicable Specific Plan, or applicable zoning districts do not currently allow those units. Those sites are referred to as “New Sites – Rezone” in the RHNA Strategy. These “rezone” sites are the same as those listed in the January 2023 Housing Element and are summarized in Table 5 Table 5: Sites Inventory “Rezone” Sites
Site # Address Use Units
20 1178 El Camino Real Tanforan 892
20 1292 Huntington Ave Vacant 110
21 1151 El Camino Real Pet Hospital 57
22 1101 El Camino Real Dental Office 40
Total 1,099
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5 The following legislative actions are necessary to make the projected housing allowed on these sites:
· Amend the General Plan Land Use Diagram for 1178 El Camino Real (Part of Site 20), Site 21 and Site 22 to Transit-Oriented Development;
· Amend the Tanforan Planned Development (P-D) zoning district to include 1292 Huntington Ave (Part of Site 20) into the P-D zoning district, and to update the P-D zoning to allow multi- family housing for both parts of Site 20;
· Amend the U.S. Navy Site And Its Environs Specific Plan to establish a Very High Density Residential land use category, and to update the Specific Plan’s land use diagram to make Site 21 and Site 22 Very High Density Residential; and
· Amend the Zoning Map to reflect 1292 Huntington (Part of Site 20) being in the P-D district and changing Site 21 to the High Density Mixed Use (TOD-2) district.
These actions fulfill Program 3a of the Housing Element and are reflected in the attached resolutions and ordinances. The Planning Commission reviewed these legislative changes at a public hearing on August 6, 2024 and unanimously recommended City Council approve them.
ALUC Override
The “rezone” sites (Site 20, 21 and 22) are within Airport Influence Area B and within the 70 to 75 decibel (dB) Community Noise Equivalent Level (CNEL) contour where the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport (SFO ALUCP) considers housing incompatible.
As part of the January 2023 Housing Element adoption, the Airport Land Use Commission (ALUC) determined the Housing Element to be inconsistent with the SFO ALUCP because the Housing Element’s Sites Inventory proposed the sites now referred to as Sites 20, 21 and 22 to allow housing. The City Council approved an override action of the ALUC determination, in part because the new housing units contemplated at these sites would be subject to modern construction requirements to ensure that interior noise exposure would not exceed 45 dB, thus minimizing the public’s exposure to excessive noise.
The proposed “rezone” actions were sent to the ALUC for review, and on March 14, 2024, as expected, the ALUC determined the “rezone” actions of this agenda item are inconsistent with the noise compatibility policies of the SFO ALUCP. Therefore, these “rezone” actions of this agenda item will require the similar override action as the initial adoption of the 2023-2031 Housing Element, pursuant to a two-step process established by Public Utilities Code (PUC) Section 21676:
City Council Meeting No. 1 – April 9, 2024: The City Council completed the first step of an override with a public hearing and adoption of a resolution making draft findings and declaring an intent to override the ALUC’s determination on April 9, 2024. The ALUC and Caltrans Division of Aeronautics were informed of the City Council’s intent. A comment letter was received from the ALUC on April 18, 2024 and Caltrans on May 9, 2024. A resolution is provided as Attachment 3 which includes the comment letters and findings to support the override.
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5 City Council Meeting No. 2 – August 27, 2024: The second step is part of this agenda item, which must occur at least 45 days after the prior step. As part of this agenda item, the City Council may decide to adopt a resolution to override the ALUC’s determination of inconsistency with the policies of the SFO ALUCP, and make specific findings that the legislative actions to implement the Housing Element Sites Inventory is consistent with the purposes of the State Aeronautics Act, as set forth in PUC Section 21670, namely the City’s actions do protect public health, safety and welfare in the areas surrounding airports.
Ministerial Review Ordinance
State law allows housing projects to be “by right” or ministerial on certain sites if they provide 20% lower-income units in the project. For San Bruno, this process must be applied to the “rezone” sites and certain sites re-used from the Fifth Cycle Housing Element. For the sites in question that allow mixed use, the City would have to provide the ministerial process for projects ranging from 100% residential to mixed-use with 50% residential area.
The intent of this State law is to provide the cost-and-time saving incentive of a ministerial process in exchange for greater than usual lower-income units. A common affordable housing requirement is to provide 15% of the units as affordable. San Bruno requires 15%, and for rental projects, 5% must be at the very-low income level, 5% at the low income level, and 5% at the moderate income level.
Programs 3f and 9a of the Housing Element commit the City to adopt a ministerial process that is applies to a broader section of housing projects, and this is reflected in the attached ordinance to add Chapter 12.245 to the Municipal Code. This program was introduced at the October 10, 2023 joint study session, and the draft ordinance was presented to the Planning Commission at a February study session.
The ordinance would allow a multi-family housing project citywide to have its planning permits approved through a ministerial process subject to the following criteria:
1. The project must be in a zoning district that allows multi-family housing or mixed-use;
2. The project must comply with the City’s objective standards, except where State law allows pre-emption of City standards; and
3. The project must provide at least 20% of the units for very-low or low-income households; and
4. If mixed-use, a minimum percentage of the floor area must be residential, which is discussed in more detail in the next section.
Planning Commission
The proposed ordinance has been adjusted since the Planning Commission hearing. The original staff recommendation was that a mixed-use project would have to have at least 75% of the building area as residential. The Planning Commission reviewed this ordinance on August 6, 2024, they directed staff to amend the regulations so that the entire ground floor could always be non-residential, and parking area within the building would not count toward the residential percentage.
As staff developed the changes directed by the Commission, incorporating the Commission’s recommendation while maintaining the 75% residential threshold created potential scenarios with unintended consequences.
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5 To address those potential scenarios, as well as better align with State law, the ordinance presented to City Council has a 50% residential threshold for the ministerial process. This fulfills the intent of the Commission’s recommendation, and improves the regulation’s alignment with State law.
Mixed-Use Incentive
The ordinance also provides an incentive for mixed-use projects by allowing a reduction in the determination of the transportation impact, based on the concept that allowing commercial uses in a residential project will result in synergies where some of the customers of the commercial uses will be residents who do not need to drive to the business, and some of the vehicle trips the residents might otherwise take to get services will not be necessary because they can walk to the commercial use in the project. Transportation impact fees would be applied based on the reduced impact, therefore a mixed-use project using the ministerial process would effectively have reduced transportation impact fees.
To ensure that incentives are provided to encourage mixed-use development, staff will recommend future ordinance amendments to expand these incentives if deemed necessary in consultation with the development community. The Planning Commission supported adopting the ordinance in its proposed form, and supported staff bringing improvements forward in the future for consideration.
PUBLIC NOTICE:
A notice regarding the amended Housing Element, rezonings and multi-family housing ministerial process were published in the San Mateo Daily Journal on August 17, 2024. Meeting agendas were posted at City Hall and on the City’s website.
FISCAL IMPACT:
The preparation of the Housing Element has been included and approved as part of the City’s operating budget for FY22-23, FY23-24 and FY24-25.
The fiscal impact from the adoption and implementation of the Housing Element is anticipated to be neutral. Implementation of the Housing Element would have minimal impact on the General Fund as Policy implementation of the Housing Element is projected to be funded primarily through the General Plan Maintenance Fee and grants, and operational implementation of the Housing Element is projected to be funded primarily through Housing Funds and grants.
Successful implementation of the Housing Element would result in expanded and improved housing opportunities and development that would increase the property tax base and provide a stronger job base and demand for commercial services to support the local economy.
Maintenance of a certified Housing Element will reduce the likelihood of State fines for housing law violations or lawsuits concerning housing issues. However, increased population from housing development would require additional services, resulting in increased costs to the City.
ENVIRONMENTAL IMPACT:
The January 2023 adopted 2023-2031 Housing Element was reviewed for compliance with the requirements of the California Environmental Quality Act (CEQA), Public Resources Code §
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5 21000 et seq., and the CEQA Guidelines. David J. Powers & Associates prepared an Initial Study/Mitigated Negative Declaration (IS/MND) in accordance with the CEQA Guidelines. On January 24, 2023, the City Council adopted the IS/MND in conjunction with the adoption of the 2023-2031 Housing Element.
The proposed amended 2023-2031 Housing Element was reviewed from compliance with CEQA and the changes made to the document were found not to possibly result in a significant environmental impact based on the established mitigation measures of the adopted IS/MND. As such, an Addendum to the IS/MND was prepared and is included in Attachment 1.
The Addendum to the IS/MND also provides the environmental clearance for the amendments to the General Plan land use diagram, U.S. Navy Site And Its Environs Specific Plan, and zoning map necessary to allow the housing opportunities at Sites 20, 21 and 22 of the Housing Element Sites Inventory, as well as the ALUC override for those amendments.
The ordinance amending Title 12 to create Chapter 12.245 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. Approve the amended Housing Element and implementation measures by adopting the resolutions and introducing the ordinances as listed in the Subject line of this report.
ALTERNATIVES:
1. Adopt portions of the recommended actions, directing further staff work for certain parts to return at a future date.
2. Do not adopt any portions of the recommended actions, directing further staff work and return at a future date.
ATTACHMENTS:
1. Resolution for Addendum with Exhibit A, B and C
2. Resolution for Housing Element with Exhibit A and B
3. Resolution for ALUC override with Exhibit A and B
4. Resolution amending General Plan and U.S. Navy Site and Its Environs Specific Plan with Exhibit A, B and C
5. Ordinance amending P-D district with Exhibit A
6. Ordinance amending zoning map with Exhibit A
7. Ordinance amending Title 12 to add Chapter 12.245
8. Planning Commission Resolution Nos. 2024-09; 2024-10; and 2024-11
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1 RESOLUTION NO. 2024 - __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO
ADOPTING AN ADDENDUM TO THE MITIGATED NEGATIVE
DECLARATION ADOPTED FOR THE 2023 – 2031 HOUSING ELEMENT,
AND READOPTING A MITIGATION MONITORING AND REPORTING
PROGRAM
WHEREAS, State Housing Element Law (California Government Code Sections 65580 et seq.) requires each jurisdiction to prepare and adopt a Housing Element of its General Plan every eight years to address housing availability; and.
WHEREAS, to comply with State Housing Element Law, San Bruno prepared its 2023- 2031 Housing Element which includes programs to address local housing needs and identifies sites that can accommodate housing units meeting the City’s Regional Housing Needs Allocation; and
WHEREAS, pursuant to the California Environmental Quality Act (CEQA) and Implementing Guidelines, an Initial Study and Draft Mitigated Negative Declaration (IS/MND), dated December 2022 (State Clearinghouse No. 2022120217), was prepared by David J. Powers & Associates, Inc. and, based on the type and intensity of land uses and programs identified with the 2023-2031 Housing Element update and the information contained therein, the Initial Study and Draft Mitigated Negative Declaration conclude that the project, with the proposed mitigation measures, would not have a significant adverse effect on the environment; and WHEREAS, on January 24, 2023, the City Council held a duly noticed public hearing and adopted the City’s 2023-2031 Housing Element to comply with State Housing Element Law and on that same date adopted the Mitigated Negative Declaration that was prepared for the project, and adopted a Mitigation Monitoring and Reporting Program; and WHEREAS, on January 31, 2023, San Bruno submitted its adopted 2023-2031 Housing Element to the California Department of Housing and Community Development (“HCD”) for review and possible certification; and
WHEREAS, on March 18, 2023, HCD issued its review of San Bruno’s adopted 2023- 2031 Housing Element, which stated the Housing Element satisfactorily addressed many statutory requirements; however, further revisions would be necessary to receive certification of compliance with the State Housing Element Law ( Government Code §§ 65580 et seq.); and WHEREAS, City staff worked with HCD staff to address the comments contained in HCD's March 18, 2023 letter and subsequently resubmitted a revised draft of the Housing Element to HCD on March 21, 2024, for review pursuant to Section 65585(b) of the California Government Code. The revised draft Housing Element was posted on the City's website for public review prior to resubmittal to HCD; and
WHEREAS, on May 16, 2024, HCD issued its review of San Bruno’s revised 2023-2031 Housing Element which stated the Housing Element satisfactorily addressed most statutory requirements; however, further revisions would be necessary to receive certification of compliance with the State Housing Element Law (Article 10.6 of the Government Code); and 142 of 345
ATTACHMENT 1
2 WHEREAS, City staff again worked with HCD staff to address the comments contained in HCD's May 16, 2024 letter and subsequently resubmitted a final draft of the Housing Element to HCD on July 12, 2024, for review pursuant to Section 65585(b) of the California Government Code. This final draft of the Housing Element was posted on the City's website for public review prior to resubmittal to HCD; and
WHEREAS, to analyze the revisions included in the Amended Housing Element since it was adopted on January 24, 2023, and to address the related Housing Element implementing actions considered concurrently with consideration of the Amended Housing Element (collectively the “Project”), the City prepared an Addendum to the adopted Mitigated Negative Declaration, pursuant to CEQA guidelines 15162, which is incorporated herein by reference as Exhibit A to this resolution, affirming that the analysis contained in the adopted Mitigated Negative Declaration adequately addresses the potential impacts associated with the Project and that none of the conditions described in CEQA Guidelines Section 15162 requiring preparation of a subsequent negative declaration exist; and
WHEREAS, the Planning Commission serves as an advisory body to the City Council as to the Housing Element Update Project, and in that capacity, on August 6, 2024, the Planning Commission conducted a duly noticed public hearing to take public testimony to consider the addendum to the Mitigated Negative Declaration and adopted Resolution 2024-09 recommending that the San Bruno City Council adopt the addendum to the Mitigated Negative Declaration; and WHEREAS, a Notice of Public Hearing for the amended 2023-2031 Housing Element and related actions was duly published in the San Mateo Daily Journal on Saturday, August 17, 2024; and
WHEREAS, the City Council held a Public Hearing for the amended 2023-2031 Housing Element Project on August 27, 2024 and on said date, the Public Hearing was opened, held and closed.
WHEREAS, City’s Community Development Department, 567 El Camino Real, San Bruno, CA, 94066, is the custodian of the documents and other materials that constitute the record of proceedings related to the Project and the Initial Study/ Mitigated Negative Declaration and addendum thereto;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno finds as follows, based on facts in the staff reports, written and oral testimony, and exhibits presented:
A.The foregoing recitals are true and correct and are incorporated by reference into this action.
B.That the City Council has independently reviewed and analyzed the Addendum to the Mitigated Negative Declaration, in conjunction with the previously adopted Initial Study/Mitigated Negative Declaration, and other information in the record and has considered the information contained therein prior to acting upon on the Project. Based on all evidence in the administrative record for the Project, the City Council hereby makes the following specific findings:
a. The Addendum to the Initial Study/Mitigated Negative Declaration prepared for the Project has been completed in compliance with CEQA and the CEQA Guidelines.
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3 b. The Addendum to the Mitigated Negative Declaration prepared for the Project contains a complete and accurate reporting of the environmental impacts associated with the Project.
c. The Addendum to the Mitigated Negative Declaration represents the independent judgment and analysis of the city as lead agency for the Project.
d. The analysis in the Addendum to the Mitigated Negative Declaration shows the revisions to the Project will not cause any new significant impacts or other triggers that would require additional CEQA review, pursuant to CEQA Guidelines Section 15162.
i. No substantial changes are proposed in the project which will require major revisions of the previous Mitigated Negative Declaration due to the involvement of new significant
environmental effects or a substantial increase in the severity of previously identified significant effects. The amendments to the Housing Element do not create any additional environmental impacts.
ii. No substantial changes have occurred with respect to the circumstances under which the project is undertaken. The Initial Study/Mitigated Negative Declaration was adopted on January 24, 2023, and no substantial evidence has been submitted showing any change in the circumstances applicable to the project. iii. No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous Initial Study/Mitigated Negative Declaration was adopted as complete, has been
submitted to the City.
e. Based on its review of the whole record before it, there is no substantial evidence in the record supporting a fair argument that the Project will have a significant effect on the environment.
C.Based upon the Addendum to the Mitigated Negative Declaration and comments and testimony received, the City Council hereby finds that there is no substantial evidence that the revised 2023 - 2031 Housing Element, as mitigated, will have a significant effect on the environment.
D.The City Council hereby adopts the Addendum to the Mitigated Negative Declaration attached hereto as Exhibit A.
E.The City Council hereby readopts the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit C.
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4 Exhibit A: Addendum to the certified Initial Study/ Mitigated Negative Declaration for the 2023- 2031 Housing Element
Exhibit B: Initial Study/Mitigated Negative Declaration for the 2023-2031 Housing Element Exhibit C: Mitigation Monitoring and Reporting Program
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I hereby certify that the foregoing Resolution No. 2024 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on August 27, 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
__________________________________
Lupita Huerta, City Clerk
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EXHIBIT A
Addendum to the adopted Initial Study/ Mitigated Negative Declaration for the 2023- 2031 Housing Element update
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ATTACHMENT 1, Exhibit A
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ADDENDUM
TO
MITIGATED NEGATIVE DECLARATION
State Clearing House No. 2022120217
Project Title
City of San Bruno 2023-2031 Housing Element Update
Lead Agency and Address
City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Contact Person and Phone Number
Michael Smith Senior Planner
Community Development Department, City of San Bruno
(650) 616-7062
Project Location
The proposed project would occur entirely within the City of San Bruno, which is located in northern San Mateo County. The city limits encompass a 5.49 square-mile area that stretches 3.5 miles from the relatively flat eastern areas along Highway 101 to the hilly western neighborhoods located on the eastern facing slope of the Coast Ranges.
Project Sponsor's Name & Address
City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Description of Project
The project proposes to update the Housing Element of the San Bruno General Plan 2025 in accordance with California Government Code Section 65583. The proposed 2023-2031 Housing Element will replace the existing 2015-2023 Housing Element and serve as the City of San Bruno’s guiding policy document for meeting the City’s future housing needs at all economic levels. As a policy document, the Housing Element does not result in direct physical changes to the environment but would indirectly lead to physical environmental changes by enabling the development of additional housing units within the City’s jurisdiction.
As required by Government Code Section 65583(a)(3), the Housing Element Update involves the preparation of an inventory of land suitable and available for residential development, including vacant sites and sites with a realistic and demonstrated potential for redevelopment during the
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planning period (2023-2031) to meet the City’s housing need at the designated income levels. In accordance with the sites inventory requirements under California Government Code sections 65583(c), the project will also include a program that identifies actions that the City is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the 2023- 2031 Housing Element through the administration of land use and development controls (including General Plan Amendments and rezoning).
Background
This document is an Addendum to the Initial Study/Mitigated Negative Declaration (IS/MND) prepared for the City of San Bruno’s 2023-2031 Housing Element Update of the General Plan (6 th Cycle), which was adopted by the City of San Bruno on January 24, 2023 (the “original Project”) per City Council Resolution No. 2023-08 (State Clearinghouse No. 2022120217). The IS/MND document, inclusive of exhibits, is hereby incorporated by reference.
The IS/MND for the original Project studied the potential environmental effects on aesthetics, agriculture and forest resources, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, recreation, public services, transportation, tribal cultural resources, utilities and service systems, wildfire, and mandatory findings of significance. The IS/MND found that the original Project would have no impact or less than significant impacts to aesthetics, agriculture and forest resources, energy, geology and soils, hydrology and water quality, land use and planning, mineral resources, population and housing, public services, recreation, utilities and service systems, and wildfire; and less than significant impacts with certain mitigations as to air quality, biological resources, cultural resources, greenhouse gas emissions, hazards and hazardous materials, noise, transportation, and tribal cultural resources.
Since the adoption of the IS/MND, the City has made multiple rounds of revisions to the original Project, in order to address the comments provided by the State Department of Housing and Community Development (HCD). This addendum to the adopted IS/MND analyzes the potential environmental impact ramifications of the changes or additions made to the adopted 2023-2031 Housing Element (the “Amendments”), which will be considered by the City Council.
For analysis purposes, this Addendum recognizes the previously certified IS/MND as the baseline by which the current project is compared, as that certified IS/MND provides the policies, programs, potential development sites, and mitigation measures that comprise the original approval. The following analysis demonstrates that these changes to San Bruno’s 2023-2031 Housing Element will not create or exacerbate environmental impacts as identified in the certified IS/MND.
Statutory Requirements
Section 15164 of the California Environmental Quality Act (CEQA) Guidelines allows for a lead agency to prepare an addendum to an adopted negative declaration or environmental impact report (EIR) if only minor technical changes or additions are necessary or if none of the conditions described in Section 15162 calling for the preparation of a subsequent EIR or negative declaration have occurred. Pursuant to CEQA Section 15162, no subsequent negative declaration shall be prepared for the project unless the lead agency determines, on the basis of substantial evidence in the light of the whole record, one or more of the following:
(1) Substantial changes are proposed in the project that will require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a
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substantial increase in the severity of previously identified significant effects; (2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or,
(3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
This Addendum evaluates the Amendments and demonstrates that these revisions consist of the addition of information and minor technical changes, and therefore, do not meet any of the requirements set forth in Section 15162. This Addendum will be considered by the decision-making body in conjunction with consideration of the Amendments to the adopted 2023-2031 Housing Element.
Project Description
The State of California requires every jurisdiction to include a Housing Element in its General Plan.
The Housing Element must contain an analysis of the housing needs of all economic segments of the community, including persons with special needs, as well as goals, policies, programs and objectives to address those needs. It is a guide for providing housing opportunities and services for all household types and income groups in the City. State law requires that the City update its Housing Element every eight years, with this update to cover the 2023-2031 planning period, also known as the 6th Cycle of Housing Elements.
As required by State law, the Housing Element includes a Housing Plan, which establishes goals, policies, programs and quantified objectives for addressing the City’s housing needs during the 8- year Housing Element planning period. The Housing Plan is based upon the City’s analysis of a variety of issues that affect current and future residents of San Bruno and contains policies and programs to address and guide the future development of housing in the City.
San Bruno adopted its 2023-2031 Housing Element update on January 24, 2023 and certified the IS/MND for the original Project in advance of the adoption. In an effort to make the adopted
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document easier to navigate, the format of the adopted version of the Housing Element for which the IS/MND was certified was substantially revised after HCD provided review comments in March 2023. However, the essential content of the document did not change. All of the appendices were removed from the document and the document was divided into two parts. The first part of the document contains the following three chapters:
•Chapter 1 presents an executive summary of the Housing Element •Chapter 2 provides an introduction and lays out the organization of the document •Chapter 3 provides the City’s Housing Plan
The Technical Background Report comprises the second part of the Housing Element which includes the following background data and analysis:
•Chapter 1 introduces the data sources and changes to state law •Chapter 2 includes analysis of the City's demographic characteristics and housing needs •Chapter 3 includes analysis of potential constraints to meeting the City's housing needs •Chapter 4 includes an evaluation of the City’s RHNA strategy •Chapter 5 provides an evaluation of fair housing needs in the city •Chapter 6 describes the public participation process for the Housing Element update •Chapter 7 provides a review of the City’s accomplishments during the previous planning period and the effectiveness of current policies and programs in meeting housing needs Amendments to the Housing Element
Although the document looks very different the content is very similar to the adopted Housing Element. The majority of amendments made to the adopted 2023-2031 Housing Element since it was adopted on January 24, 2023 consist of amending the policies and programs in the Housing Plan by providing a greater level of detail regarding the policy commitments, adding more information about actions the City will take in relation to such policies and programs, and adding more specific timelines for when the City shall implement and accomplish certain actions in the policies and programs. In addition, the Housing Plan was revised with more robust analysis and policies/programs related to the Affirmatively Furthering Fair Housing (AFFH) discussion. The sites inventory was revised to provide more analysis substantiating why each site is likely to redevelop at the specified densities. These changes are discussed in greater detail in the analysis below. •Added “Accommodating Fifth Cycle Shortfall” section describing how city met rezoning obligations.
•Programs were added which commit the City to Accessory Dwelling Unit (ADU) affordability monitoring and additional strategies and incentives for promoting their creation.
•Timing for implementation was added to ADU programs.
•Programs were added to comply with state law regarding emergency shelters, supportive housing, SRO housing, and employee housing.
•Land Use and Zoning regulation discussion was revised. •The Planning Review Process and Permitting Times sections were revised.
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•More detail was provided about the Architectural Review process for housing with a program added to streamline the process by a specific date. •State Density Bonus Law program was revised and now includes a commitment and timeline for revising the base density study requirement. •A program to shorten permit plan review turnaround times was added. •Specific timing for implementation was added to the program committing to create a development fee calculator on the city’s website.
•Strategy defined and timeline added for implementation of the program to create an affirmative marketing strategy.
•Implementation of the program to bring forth a ballot measure amending Ord. 1284 was pushed back to November 2028.
•Specific timing was added to the program to conduct a fee nexus study. •Programs to increase housing for special needs and larger households, revise the affordable housing ordinance, and expedite review of affordable housing project were added back.
•Details were added to define how the El Camino Real corridor would be rezoned in the event that Ord. 1284 is amended.
•Incentives and timelines were added to the ADU program. •A program was added to increase the allowable number of ADUs/JADUs beyond State law on eligible R-1 and R-2 parcels.
•A program was added to assist ADU owners in finding tenants, including marketing available ADUs beyond City limits through regional/County organizations. •A program was added to establish ADU amnesty program and legalize at least 50 ADUs over the planning period.
•A program was added to participate in the countywide ADU Resource Center to help facilitate ADU production.
•Additional information was added regarding the City’s current ADU permitting trends, and a cross reference regarding a commitment to further encourage ADU construction through regulatory incentives.
•A program was added to develop additional incentives for construction ADUs if overall production falls below projections.
•A program was added to implement ministerial review and by-right requirements for all multi-family housing sites on the sites inventory that achieve the unit count listed in the Housing Element.
•More details were added about approved housing projects in the city to justify density assumptions for future housing projects, including projects that requested a density bonus. •Added a program which commits the city to adding 500 more units to the Sites Inventory by December 2026.
•A program was added to educate faith-based organizations on opportunities to develop
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affordable housing through SB 4 and/or AB 1851.
•A program was added to revise zoning requirements regarding group homes for consistency with state law.
•A program was added to amend the zoning code to revise bicycle parking and vehicle loading requirements.
•A program was added to revise the floor area ratio limits for smaller lot and revise minimum setback and stepback requirements.
•A program was added to waive the pre-application fees for housing projects on the Sites Inventory that meet the projected density.
•A program was added to establish faster permit plan review turnaround times for multi- family residential projects that provide 20% or more lower-income units. •A program was added to amend the ground floor commercial requirements in the CBD to provide more flexibility, and revise requirements for bicycle parking and off-street vehicle loading.
•A program was added to advertise BMR units as they become available, utilizing the same strategies outlined in the Affirmative Marketing Plan.
•A program was added to provide Spanish translation and/or interpretation for published materials and community meetings related to Housing Element and AFFH activities that involve fair housing, affirmative marketing, additional housing options, or are geographically targeting low resource areas.
•The program for the rezoning of housing element sites was revised to include an anticipated timeline for the Tanforan development project.
The policies and programs have been revised based on the comments provided by HCD, which are intended to help address potential constraints to and further incentivize the development of housing in the City. As detailed above, the changes mostly consist of adding further background information and context, and new action items and timeframes for such actions to be completed. The programs to allow additional ADUs and add 500 more units to the sites inventory could induce more housing development but ADUs are reviewed ministerially and exempt from CEQA review, and the precise location of the 500 units has not been identified, so it is unknown at this time whether any of the sites would require rezoning, making it difficult to accurately analyze the potential impact of the program. Because the specifics of the ballot measure programs has not been defined, additional environmental review will performed once the specific policies have been developed. None of the other minor changes to programs or addition of programs that alter City processes will result in the modification of development patterns or change the pattern of land uses established in the General Plan Land Use Element. Therefore, the changes to the Housing Plan will not result in changes to the significance findings in all of the environmental issue areas studied in the IS/MND.
Revisions to the Affirmatively Furthering Fair Housing (AFFH) Discussion and Assessment of Fair Housing
The AFFH discussion section of the Housing Element is a new requirement for this cycle of the Housing Element Update, per Assembly Bill (AB) 686. This bill requires that jurisdictions take meaningful steps to overcome patterns of segregation by completing a fair housing analysis of their community and administering their programs and activities related to housing and community
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development in a way that affirmatively furthers fair housing. Changes to the AFFH chapter of the Housing Element include the following:
•An analysis of the wellbeing of residents based on the environment was added to the AFFH analysis.
•An analysis of Special Flood Hazard Areas was added to the AFFH analysis with an accompanying map.
•An analysis of Fire Hazard Severity Zones was added to the AFFH analysis with an accompanying map.
•An identification of disadvantaged communities was added to the AFFH analysis with an accompanying map.
•Additional analysis was added to the AFFH analysis to address displacement risks and programs were added to adopt ordinances that establish local tenant protection, just cause eviction, tenant relocation assistance, and tenant anti-harassment protections.
Since this discussion only intends to provide greater background information and context, none of these changes will result in the modification of development patterns or change the pattern of land uses. Therefore, the changes to the AFFH will not result in changes to the significance findings in all the environmental issue areas studied in the IS/MND.
Revisions to the Discussion of Potential Constraints on Housing Production and Conservation Chapter 3 of the technical background report to the Housing Element discusses all of the potential constraints that may affect the production and conservation of housing in the City. In response to HCD’s comments, this discussion has been revised to include more information and explanation about current development trends, and cross references to information included elsewhere in the Housing Element. These revisions have been made to include the following information:
•A discussion and program was added to further streamline the planning process. •More detail was added about the City’s Reasonable Accommodations process and a program was added to revise the process for compliance with state law, including removing/modifying subjective findings.
•Constraints section describes definition of “family” and impacts affecting persons with disabilities.
•Additional information was added regarding the City’s inclusionary housing requirement, and how this interacts with the implementation of existing state law requirements and with current development trends.
•Additional information was added regarding recent state laws affecting parking requirements for projects.
•Revisions to development trend information, such as the addition of data for newer multi- family residential development projects was added.
•Further information and analysis was added related to longer-term development trends in the City and whether existing regulations act as constraints to development/ redevelopment.
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•Additional information was added related to the Mixed-Use zoning regulations. •Additional information was added about how housing projects are currently being processed by the City.
•Cross references to changes in the Housing Plan that relate to topics in this, such as ADU incentives and changes to remove regulations that may act as barriers for persons with disabilities.
•Additional development constraints were added to the constraints section and analyzed. •Place-based and anti-displacement strategies now included in AFFH matrix to mitigate disproportionately affected communities.
Revisions to the Sites Inventory of the Housing Element State Housing Element law requires each city and county to identify and analyze existing and projected housing needs in its jurisdiction and prepare goals, policies, and programs to encourage the development, improvement and preservation of housing (Government Code 65580-65589). The programs developed are meant to help the city meet its “fair share” of housing needs, as determined by the State and allocated by the Association of Bay Area Governments (ABAG) through the Regional Housing Needs Assessment (RHNA) Allocation. The City’s RHNA for the 2023-2031 planning period is a total of 3,165 units.
The sites inventory is a list of parcels that the City has identified as land that is suitable and available for residential development. The sites inventory must include enough parcels that can accommodate the City’s RHNA allocation of a total 3,165 units, which is further divided into unit allocations at different levels of affordability, including units that are affordable to very low, low, moderate, and above moderate rate households. State law pertaining to Housing Elements has added more requirements for the sites inventory for the 6 th Cycle than in previous housing element cycles, including a requirement to provide substantial evidence that the level of housing development anticipated by the sites inventory will reasonably occur during the planning period (2023 to 2031) and that the calculation of the residential unit capacity on each site is realistic, based on market conditions and similar types of developments that have been completed. The sites inventory in the city’s adopted Housing Element (the original Project) is one consolidated table. To demonstrate compliance with Housing Element Law, the sites in the inventory have been separated into different categories. These different categories include: Sites with pending projects; Sites that were also in the 5 th cycle sites inventory; New sites; and new sites that require rezoning to meet a housing shortfall.
In addition to changing how the sites inventory was arranged, several other changes were made to the Sites Inventory section as identified below:
•The Melody Toyota Lot and Melody Toyota Showroom (formerly sites 11 and 12) were removed from the sites inventory because the sites are being developed with other uses.
This reduced the sites inventory by 41 units.
•The AT&T Building (formerly site 1) was transferred from the sites inventory to the approved projects category to reflect a recent entitlement, and the unit count was increased from 320 to 341 to reflect the developer’s proposal. This reduced the sites inventory by 320 units and increased the approved project category by 341 units. •The Large Site With One House (R-2) (also known as 116 San Marco) (formerly site 10) was transferred from the sites inventory to the approved projects category to reflect a
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recent entitlement approval. This reduced the sites inventory by 2 units and increased the approved project category by 2 units.
•Vacant site (also known as San Marco Ave, adjacent to 116 San Marco) (formerly site 16) was transferred from the sites inventory to the approved projects category to reflect recent entitlement approvals. This reduced the sites inventory by 2 units and increased the approved project category by 2 units.
•271 El Camino Real (presently Site 6) was transferred from the approved projects category to a pending project on the sites inventory to reflect a new entitlement submittal and the site’s housing unit yield was increased from 23 units to 35 units to reflect the new development plan. This reduced the approved project category by 23 units and increased the sites inventory by 35 units.
•The 850 Glenview project (presently Site 4) was transferred from the approved projects category to a pending project on the sites inventory to reflect a new development proposal.
This reduced the approved project category by 29 units and increased the sites inventory by 58 units.
•The number of housing units projected for 732-740 El Camino Real was reduced from 136 units to 134 units to reflect revisions to the project, which is under construction, resulting in a 2 unit reduction in the approved projects category. •A table was added for projects that have requested a density bonus. •More data and analysis were added about built projects in San Bruno to justify density projections.
•A narrative about trends in office vacancy was added.
•A sites inventory selection criteria table was added with data to explain how the sites in the inventory were chosen.
•A sites inventory summary table was added.
•Tables were added to the sites inventory to distinguish between sites that were also used in the 5 th planning cycle, sites with pending projects, sites that are new with appropriate zoning, and new sites (shortfall) that require rezoning. •Affordability assumptions, capacity calculations, and site characteristics (parcel #, size, zoning, GP, uses) for each site and proposed general plan and zoning designations for sites planned for rezone have been added per site type (Tables 4-15 through 4-18) Policy H 1.5 has been revised to add that the City shall monitor the potential loss of existing residential units due to redevelopment, which is in line with the City’s goal to preserve existing housing stock and enact renters’ protections.
•Added narrative of development trends and achieved capacities in different zones. Staff also included realistic capacity analysis added for sites below a half-acre and a half acre to 10 acres in size. The analysis includes projects in San Bruno and adjacent cities.
Analysis includes adjustments due to possible constraints. Analysis includes that there has only been one 100% commercial project in TCP since its inception in 2013. •Analysis of affordability assumptions for each site has been added, creating four different affordability categories. (see pg.TBR-13). The affordability assumptions for each site are listed in tables 4-15 through 4-18.
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•Affordability assumptions only allocate lower income units to sites where allowed density is at least 30 du/ac and sites are between 0.5 and 10 acres. (pg. 13). •A development trends analysis and factors for selection of non-vacant sites was added to the sites inventory analysis. The analysis now includes detailed description of recently built, approved, and in review projects in San Bruno and the site characteristics for these projects. Analysis also includes site characteristics of recent projects in San Francisco Peninsula and site characteristics used to develop selection criteria for sites. •Constructions dates and number of stories was added to the site inventory trends data to provide more rationale about why certain properties were chosen for redevelopment. •Added data showing a trend of lot consolidation for properties under different ownership. •A more robust narrative of site characteristics and feasibility for each site in inventory was provided.
•Clarification was provided indicating which sites were reused in past planning periods. •A line item for RHNA shortfall was added to the RHNA strategy table. •More specific timing for coordination with developers and completion of major project milestones during the planning period, with annual updates, was provided for the Tanforan site. A commitment was added to find an alternative by 2028 if Tanforan milestones are not met.
•Clarification was provided indicating which sites were reused in past planning periods. •Reduction in the projected new ADUs for the cycle based on updated data, from 240 to 224.
•Additional justification provided for ADU affordability assumptions. •Affordability assumptions, capacity calculations, and site characteristics (parcel #, size, zoning, GP, uses) for each site and proposed general plan and zoning designations for sites planned for rezone have been added per site type (Tables 4-15 through 4-18) Policy H 1.5 has been revised to add that the City shall monitor the potential loss of existing residential units due to redevelopment, which is in line with the City’s goal to preserve existing housing stock and enact renters’ protections.
•Added narrative of development trends and achieved capacities in different zones (starting pg.10). Staff also included realistic capacity analysis added for sites below a half acre and a half acre to 10 acres in size (see tables 4-7 and 4-8). The analysis includes projects in San Bruno and adjacent cities. Analysis includes adjustments due to possible constraints.
Analysis includes there has only been one 100% commercial project in TCP since 2013 (pg. 10)
•Analysis of affordability assumptions for each site has been added, creating four different affordability categories. (see pg.TBR-13). The affordability assumptions for each site are listed in tables 4-15 through 4-18.
•Affordability assumptions only allocate lower income units to sites where allowed density is at least 30 du/ac and sites are between 0.5 and 10 acres. (pg. 13). •City assumed lot consolidation of smaller parcels into "Sites" based on common ownership or if adjacent parcels have limited access. See site by site description and tables with parcel
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by parcel characteristics
•Added data showing a trend of lot consolidation for properties under different ownership. •A development trends analysis and factors for selection of non-vacant sites was added to the sites inventory analysis. The analysis now includes detailed description of recently built, approved, and in review projects in San Bruno and the site characteristics for these projects. Analysis also includes site characteristics of recent projects in San Francisco Peninsula and site characteristics used to develop selection criteria for sites. •Added more narrative regarding site characteristics and feasibility for each site in inventory starting.
•The Sites Inventory has been revised to reflect changes to the housing unit calculations. •Language regarding school sites in the sites inventory was revised to incorporate compliance with the Surplus Lands Act.
•Added Status and anticipated completion dates for approved projects. •Barriers to redevelopment of each site and other relevant factors is discussed in the description of each site in sites inventory.
As a result of these revisions, total units accommodated by the Housing Element modestly rises from 3,662 to 3,682 units (20 unit increase throughout the entire City), primarily due to approved (entitled) projects being reapplied for with greater unit counts.
But the RHNA Remaining Need (which reflects the City’s RHNA less credits of approved projects and potential ADUs) was reduced from 2,495 units to 2,158 units and the Sites Inventory changed from 2,709 units to 2,552 units, primarily because the 341 units for the AT&T Building shifted from being listed on the Sites Inventory as a pending project to Approved Projects (Credits) in the RHNA Strategy.
Since (1) the AT&T Building project had a separate environmental review process that analyzed its potential impacts, and found no significant impacts, (2) the fact that the Housing Element now projects fewer new units being constructed in order to fulfill the City’s RHNA, and (3) the remaining Sites Inventory locations were analyzed in the certified Mitigated Negative Declaration, the combined total of all changes to the RHNA Strategy and Sites Inventory has no potential to introduce or increase any potential significant environmental impacts or result in changes to the IS/MND significance findings because:
Other Revisions and Addition of Information
•Most of the appendices were removed from the document to make it easier to navigate and easier to understand.
•Quantified objectives for housing rehabilitation and conservation were added.
Review of Environmental Impacts and Determination
An analysis of the Amendments, changes in circumstances, and any new information since the certification of the previous IS/MND has been completed to determine if any new environmental impacts could occur. The environmental analysis and conclusions provided in the IS/MND remain
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current and applicable to the Amendments. All potential impacts in the CEQA Environmental Checklist were considered during the preparation of this Addendum, and it has been determined that no new or substantial increase in impacts would result from the revisions made to San Bruno’s 2023-2031 Housing Element. Nothing Since the Amendments result in a reduction in the number of units expected to be developed citywide and on the Site Inventory locations, and that all Site Inventory locations were identified in the prior version of the Housing Element, the level of development, construction activity, ground disturbance, service, recreation, transportation and utility impacts would be less than those contemplated by the certified Mitigated Negative Declaration, and that operational impacts if/when the sites are developed would be equivalent to, or less than, the impacts contemplated by the certified Mitigated Negative Declaration with the implementation of the required mitigation measures.
Further, the modifications proposed for the Housing Element are minor and none of the conditions outlined in CEQA Section 15162 have occurred as explained below, specifically:
(1) No substantial changes are proposed in the project that will require major revisions of the previous negative declaration due to the involvement of new, significant environmental effects or a substantial increase in the severity of previously identified significant effects.
The Amendments include technical changes, the addition of further information to the adopted Housing Element, and changes to programs. The vast majority of these changes reflect revisions to the policies and programs in the Housing Plan and the recategorizing of parcels on the sites inventory. The Amendments do not include modifications to development patterns or changes in the pattern of land uses established in the General Plan, and do not include changes that affect where housing is allowed to be constructed in the City. The adopted version of the sites inventory consists of fewer sites that what was identified and analyzed with as part of the certified Mitigated Negative Declaration. The current version of the sites inventory has been updated to recategorize sites based on their current entitlement status and current projected or approved number of units. The Amendments do not propose or contemplate specific development projects and will not result in direct or indirect housing development. Therefore, the programs would not result in physical environmental impacts or change the conclusions of the IS/MND. Although goals and policies in the plan may result in future actions that could have environmental effects, there is not any information available to allow for meaningful environmental analysis at this time. Environmental review of any implementing actions would occur at that time when project details are known. The adoption of the Amendments to the adopted Housing Element will not result in any direct changes to the physical environment.
(2) No substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.
It has been determined that no substantial changes have occurred with respect to the circumstances under which the project is undertaken, and thus no major revisions of the previous negative declaration are necessary. The Amendments include only minor technical changes and the addition of information to the adopted Housing Element and will not cause any significant effects to the environment. Since both the adopted Housing Element and the Amendments result in a sites inventory that includes a surplus of housing units to accommodate the City’s RHNA allocation, and do not require any new changes in land use designations or zoning that were not already analyzed,
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they are therefore within the scope of the certified MND. Thus, no significant changes have occurred since adoption of the IS/MND for the adopted 2023-2031 Housing Element. (3) New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the negative declaration was adopted, shows any of the following:
a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration;
Analysis of the revisions indicates that there is no new information of substantial importance, which was not known at the time the IS/MND was adopted in January 2023 that shows the project will have significant effects on the environment, or effects that will be substantially more severe than shown in the IS/MND.
b. Significant effects previously examined will be substantially more severe than shown in the previous EIR;
No significant effects were previously identified and no EIR was previously prepared. And the revised Housing Element will not result in effects that are substantially more severe than shown in the previous MND because the total units accommodated by the revised Housing Element is 3,682 units where the previous MND contemplated 3,662 units, and the Sites Inventory where new development would occur consist of those analyzed in the previous MND, but with the entitlement of the AT&T Building site resulting in units shifting from the Sites Inventory to the Credits category, the total number of units in the Sites Inventory is reduced from 2,709 to 2,552 units compared to what the previous MND contemplated. c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or The revisions to the adopted Housing Element do not include changes to the development potential, but rather consist of increased housing capacity as reflected in projects that have been entitled for sites included in the inventory. The development potential analyzed in the adopted IS/MND was for the maximum potential development of all of the sites included in the sites inventory and is not intended to limit the development potential of the sites to what is specified in the adopted Housing Element. Because no new sites were added to the sites inventory, no additional mitigation measures or alternatives were necessary. d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative.
No significant effects were identified for the adopted IS/MND, however, the IS/MND concluded that less than significant impacts, with certain mitigations, would result for aesthetics, air quality, biological resources, cultural resources, energy, geology and soils, greenhouse gas emissions, hazards and hazardous materials, hydrology and water quality, land use and planning, noise, population and housing, transportation, public services, recreation, tribal cultural resources, utilities and service systems, and wildfire. The Amendments include modest increases in development potential for a small number of sites that were already included in the inventory. The development potential analyzed in the adopted IS/MND was for the maximum potential development of all of the
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sites included in the sites inventory, which has not changed as a result of removing parcels from the sites inventory. As a result, no additional mitigation measures or alternatives were necessary.
Conclusion
Given the analysis presented in this Addendum, it is therefore found that the revisions to the adopted 2023-2031 Housing Element would not result in a measurable increase in environmental impacts over what was previously analyzed in the adopted IS/MND for San Bruno’s adopted 2023-2031 Housing Element. There are no changes with respect to the circumstances under which the project is undertaken that will require revisions to the previous IS/MND. Therefore, pursuant to CEQA Guidelines Section 15164, an Addendum to the IS/MND is appropriate and has been prepared to document the technical changes and addition of information that have been included in the revisions to San Bruno’s adopted 2023-2031 Housing Element.
As provided in Section 15164 of the CEQA Guidelines, this Addendum need not be circulated for public review, but shall be considered with the prior environmental documents before making a decision on the current project.
For any action or approval to be taken by the City on the proposed project, this Addendum shall be considered together with the previously certified Mitigated Negative Declaration (Attachment B).
All documents are available from the City of San Bruno Community Development Department.
July 2024
MICHAEL SMITH, SENIOR PLANNER
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EXHIBIT B
Adopted Initial Study/Mitigated Negative Declaration for the 2023-2031 Housing Element
This document is available at the Community Development Department and at the following link:
https://www.sanbruno.ca.gov/DocumentCenter/View/5750/SBHE_Revised-11823- ISMND?bidId=
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ATTACHMENT 1, Exhibit B
EXHIBIT C
Mitigation Monitoring and Reporting Program for the 2023-2031 Housing Element
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ATTACHMENT 1, Exhibit C
MITIGATION MONITORING AND REPORTING PROGRAM
2023-2031 Housing Element Update
CITY OF SAN BRUNO
January 2023
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P R E F A C E
Section 21081 of the California Environmental Quality Act (CEQA) requires a Lead Agency to adopt a Mitigation Monitoring and Reporting Program whenever it approves a project for which measures have been required to mitigate or avoid significant effects on the environment. The purpose of the monitoring and reporting program is to ensure compliance with the mitigation measures during project implementation.
The Initial Study for the 2023-2031 Housing Element Update concluded that the implementation of the project could result in significant effects on the environment and mitigation measures were incorporated into the proposed project or are required as a condition of project approval. This Mitigation Monitoring and Reporting Program addresses those measures in terms of how and when they will be implemented.
This document does not discuss those subjects for which the Initial Study concluded that the impacts from implementation of the project would be less than significant and for which no mitigation measures would be required.
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MITIGATION MONITORING AND REPORTING PROGRAM
SAN BRUNO HOUSING ELEMENT UPDATE PROJECT
Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
Mitigation Measures
AIR QUALITY
MM AIR-3.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at all Housing Opportunity Sites to implement the following measures during demolition and construction:
a. Use Tier 4 engines for all off-road equipment greater than 50 horsepower (hp) and operating for more than 20 total hours over the entire duration of construction activities.
b. Use diesel trucks with 2010 or later compliant model year engines during construction.
c. Use renewable diesel during construction.
d. Use low-VOC coatings during construction.
e. Implement BAAQMD best management practices and if necessary, enhanced measures recommended by BAAQMD.
f. Use portable electrical equipment where commercially available and practicable to complete construction. Construction contractors shall utilize electrical grid power instead of diesel generators when (1) grid power is available at the construction site; (2) when construction of temporary power lines are not necessary in order to provide power to portions of the site distant from existing utility lines; (3) when use of portable extension lines is practicable given construction safety and operational limitations; and (4) when use of electrical grid power does not compromise construction schedules.
Adopt a policy in the
Housing Element
Update that would
require MM AIR-3.1
be implemented at all
Housing Opportunity
Sites
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
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SAN BRUNO HOUSING ELEMENT UPDATE PROJECT
Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
MM AIR-3.2: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at all Housing Opportunity Sites to conduct a construction and operational health risk assessment (HRA) prior to the issuance of discretionary permits that would allow demolition or construction activities to take place (whichever occurs first).
If the HRA demonstrates, to the satisfaction of the City, that the health risk exposures for adjacent receptors will be less than BAAQMD project-level thresholds, then additional mitigation would be unnecessary. However, if the HRA demonstrates that health risks would exceed BAAQMD project level thresholds, additional feasible on- and off-site mitigation shall be analyzed to further reduce risks to the greatest extent practicable.
Adopt a policy in the
Housing Element
Update that would
require future
development at all
Housing Opportunity
Sites to conduct a
construction and
operational health risk
assessment (HRA)
prior to the issuance of
discretionary permits.
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
BIOLOGICAL RESOURCES
MM BIO-1.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Sites to comply with the following measures:
a. Demolition and nesting substrate (e.g., trees, bushes, grasses, and other vegetation) removal activities shall be scheduled to avoid nesting season (February 1 to August 31). To the extent feasible, construction activities shall be scheduled to occur during the non- nesting season (September 1 through January 31).
b. Prior to issuance of any discretionary permits that would allow construction activities during the nesting season, a qualified biologist shall complete pre-construction surveys for active nests within 14 days of work commencing. The survey area must include the proposed development area and all areas within 300 feet of the development area boundary (“zone of influence”). If active nest, Adopt a policy in the
Housing Element
Update that would
require future
development
implement MM BIO-
1.1 during demolition
and construction
activities.
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
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Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
roost, or burrow sites are identified within the zone of influence, a no-disturbance buffer shall be established for all active nest sites prior to commencement of any proposed construction-related activities to avoid disturbances to migratory bird nesting activities. A no-disturbance buffer constitutes a zone in which construction activities cannot occur. The sizes of the buffers shall be determined by a qualified biologist based on the species, activities proposed near the nest, and topographic and other visual barriers. Buffers shall remain in place until the young have departed the area or fledged and/or the nest is inactive, as determined by the qualified biologist. c. If work is necessary within a buffer zone of an active bird nest, work may occur under the supervision of a qualified avian biologist. The qualified avian biologist monitoring the construction work shall have the authority to stop work and adjust buffers if any disturbance to nesting activity is observed.
CULTURAL RESOURCES
MM CUL-1.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Site 14 to comply with the following measures:
a. Removal or alteration of the commemorative features of California Historic Landmark #934 shall be prohibited, and must be incorporated into any future development proposals for Site 14. b. As part of the future project-level CEQA analysis of any discretionary permit that would allow the demolition of the existing buildings located at Site 14, a Historic Resource Evaluation (HRE) shall be prepared by a qualified architect or architectural historian approved by the City and meeting the Secretary of the Interior's Adopt a policy in the
Housing Element
Update that would
require future
development
implement MM CUL-
1.1 prior to demolition
of any existing
buildings at Site 14.
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
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Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
Professional Qualifications Standards published in the Code of Federal Regulations (36 CFR part 61). The HRE shall evaluate whether any of the existing buildings meet the definition of a historic resource pursuant to CEQA Guidelines Section 15064.5. If the existing buildings do not meet the definition of a historic resource, demolition may proceed. If the HRE finds that any of the existing buildings at Site 14 meet the definition of a historic resource, demolition of buildings eligible for listing as a historic resource shall be prohibited.
c. In the event that any buildings meeting the definition of a historic resource pursuant to CEQA Guidelines Section 15064.5 are identified, future development proposals for Site 14 shall be reviewed for compliance by a qualified architect or architectural historian approved by the City and meeting the Secretary of the Interior's Professional Qualifications Standards published in the Code of Federal Regulations (36 CFR part 61) with one or both of the following standards prior to issuance of any discretionary permits that would allow modifications to the existing buildings or new construction on Site 14:
• Secretary of Interior's Standards for the Treatment of Historic Properties with Guidelines for Preserving,
Rehabilitating, Restoring, and Reconstructing Historic
Buildings; or
• Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings (1995), Weeks and Grimmer.
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Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
MM CUL-2.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Sites 6, 8, 10, 16, 18, and 19 to comply with the following measures:
a. If evidence of an archaeological site or other suspected cultural resource as defined by CEQA Guideline Section 15064.5,
including darkened soil representing past human activity (“midden”), that could conceal material remains (e.g., worked stone, worked bone, fired clay vessels, faunal bone, hearths, storage pits, or burials) is discovered during construction related earth-moving activities, all ground-disturbing activity within 100 feet of the resources shall be halted and the City Planning Manager shall be notified. The project sponsor shall hire a qualified archaeologist to conduct a field investigation. The City’s Planning Manager shall consult with the archaeologist to assess the significance of the find. Impacts to any significant resources shall be mitigated to a less-than-significant level through data recovery or other methods determined adequate by a qualified archaeologist and that are consistent with the Secretary of the Interior’s Standards for Archaeological documentation. Any identified cultural resources shall be recorded on the appropriate DPR 523 (A-J) form and filed with the NWIC.
b. Prior to the initiation of any site preparation and/or the start of construction, the project sponsor shall ensure that all construction workers receive training overseen by a qualified professional archaeologist who is experienced in teaching non-specialists, to ensure that contractors can recognize archaeological resources in the event that any are discovered during construction.
Adopt a policy in the
Housing Element
Update that would
require future
development at
Housing Opportunity
Sites 6, 8, 10, 16, 18,
and 19 prior to and
during construction
activities.
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
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Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
MM CUL-2.2: Prior to approval, the 2023-2031 Housing Element shall be amended to include a policy requiring future development at Housing Opportunity Site 14 to comply with the following measures:
a. As part of the future project-level CEQA analysis of any discretionary permits that would allow ground-disturbing activities (e.g., grading, trenching, excavation, etc.) in the archaeological sensitive areas shown on Figure 4.5 1, exploratory trenching shall be conducted by a qualified archaeologist trained in both local prehistoric and historical archaeology within the proposed area of effect to determine if prehistoric- or historic-era archaeological resources are present. Explorations shall consist of at least one mechanically dug trench with excavation depths commensurate with the depth of proposed ground-disturbing activities. If any archaeological resources are exposed, these should be briefly documented, tarped for protection, and left in place. The results of the exploratory trenching shall be submitted to the Director of Community and Economic Development or the Director’s
designee. If it is determined by the project archaeologist that the proposed activities could damage an archaeological resource or that indications of other suspected archaeological resources are present (i.e., darkened soil “midden” representing past human activity), an Archaeological Resources Treatment Plan shall be prepared as described in MM CUL-2.1b below.
b. If recommended by the project archaeologist, an Archaeological Resources Treatment Plan shall be prepared by the project archaeologist that contains, at minimum:
Adopt a policy in the
Housing Element
Update that would
require future
development at
Housing Opportunity
Site 14 to conduct
exploratory trenching
consistent with MM
CUL-2.2.
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
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Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
• Identification of the scope of work and range of subsurface effects (including location map and development plan),
including requirements for preliminary field investigations. • Description of the environmental setting (past and present) and the historic/prehistoric background of the parcel
(potential range of what might be found).
• Monitoring schedules and individuals
• Development of research questions and goals to be
addressed by the investigation (what is significant vs. what is redundant information).
• Detailed field strategy to record, recover, or avoid the finds and address research goals.
• Analytical methods. Report structure and outline of
document contents.
• Disposition of the artifacts.
• Security approaches or protocols for finds.
• Appendices: all site records, correspondence, and
consultation with Native Americans, etc.
Implementation of the treatment plan by the project archaeologist shall be required prior to the issuance of any permits related to ground-disturbing activities. The treatment plan shall utilize data recovery methods to reduce impacts on subsurface resources. The treatment plan shall be submitted to the Director of Community and Economic Development or the Director’s designee, along with a summary of the outcomes of the treatment plan and all associated documentation and recordation.
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Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
MM CUL-2.3: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Site 14 to comply with the following measures:
a. Prior to the issuance of any discretionary permits that would allow ground-disturbing activities (e.g., grading, trenching, excavation, etc.) within the non-sensitive areas mapped on Figure 4.5 1, the project applicant shall hire a qualified archaeologist to develop a Worker’s Environmental Awareness Program (WEAP) to train the construction crew on the legal requirements for the treatment of cultural resources as well as procedures to follow in the event of a cultural resources discovery. This training program shall be given to the crew before ground disturbing work commences and shall include handouts to be given to new workers.
b. The applicant shall note on all construction plans that require ground disturbing activities that there is a potential for exposing buried cultural resources including prehistoric Native American burials.
c. In the event that potentially significant archaeological resources are encountered during ground-disturbing activities occurring at Site 14, all activity within a 50-foot radius of the find shall be stopped, the Director of Community and Economic Development or the Director's designee shall be notified, and the project archaeologist shall examine the find. The project archaeologist shall (1) evaluate the find(s) to determine if they meet the definition of an archaeological resource; and (2) make appropriate
recommendations regarding the disposition of such finds prior to issuance of building permits. Recommendations could include collection, recordation, and analysis of any significant cultural Adopt a policy in the
Housing Element
Update that would
require future
development at
Housing Opportunity
Site 14 to implement
MM CUL-2.3 prior to
the issuance of any
discretionary permits.
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
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Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
materials. A report of findings documenting any data recovery shall be submitted to the Director of Community and Economic
Development or the Director's designee and the Northwest Information Center (if applicable).
MM CUL-3.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Sites 1, 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 20, 22 and 23 to comply with the following measures:
a. If human remains are discovered at any project construction site during any phase of construction, all ground-disturbing activity within 100 feet of the resources shall be halted and the City’s Planning Manager and the San Mateo County Coroner shall be notified immediately, according to Section 5097.98 of the State Public Resources Code and Section 7050.5 of California’s Health and Safety Code. If the remains are determined by the County coroner to be Native American, the Native American Heritage Commission (NAHC) shall be notified within 24 hours, and the guidelines of the NAHC shall be adhered to in the treatment and disposition of the remains. The project sponsor shall also retain a professional archaeologist with Native American burial experience to conduct a field investigation of the specific site and consult with the Most Likely Descendant, if any, identified by the NAHC. As necessary, the archaeologist may provide professional assistance to the Most Likely Descendant, including the excavation and removal of the human remains. The City of San Bruno shall be responsible for approval of recommended mitigation as it deems appropriate, taking account of the provisions of State law, as set forth in CEQA Guidelines section 15064.5(e) and Public Resources Code section Adopt a policy in the
Housing Element
Update that would
require future
development at
Housing Opportunity
Sites 1, 2, 4, 5, 6, 7, 8,
9, 10, 11, 12, 14, 15,
16, 17, 20, 22 and 23
halt all ground-
disturbing activities
within 100 feet of any
discovered resource,
consistent with MM
CUL-3.1.
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
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Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
5097.98. The project sponsor shall implement approved mitigation, to be verified by the City of San Bruno, before the resumption of ground-disturbing activities within 100 feet of where the remains were discovered.
GREENHOUSE GAS EMISSIONS
MM GHG-1.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring applicants and their contractors to implement the following measures prior to and during construction:
a. Prior to issuance of any discretionary permits that would allow demolition or construction (grading, excavation, building, etc.) activities at the Housing Opportunity Sites, the applicant shall submit a construction management plan that demonstrates that:
• Alternative fueled (e.g. biodiesel, electric) construction vehicles/equipment shall make up at least 15 percent of the fleet;
• Buildings shall be constructed with local building materials of at least 10 percent (sourced from within 100 miles of the City limits); and
• Contractors shall recycle and reuse at least 50 percent of construction waste or demolition materials.
Adopt a policy in the
Housing Element
Update that would
require future
development submit a
construction
management plan prior
to the issuance of any
discretionary permit,
consistent with MM
GHG-1.1.
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
MM GHG-1.2: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at all Housing Opportunity Sites to demonstrate adherence with the following design measures prior to issuance of any discretionary permits that would allow construction of residential units:
a. Construction of natural gas infrastructure and the use of natural gas appliances shall be prohibited;
Adopt a policy in the
Housing Element
Update that would
prohibit the
construction of natural
gas and use of natural
gas appliance, require
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
174 of 345
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Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
b. Future developments shall include all electric appliances; c. At a minimum, future development shall comply with off-street electric vehicle requirements in the most recently adopted version of CALGreen Tier 2 requirements.
all electric appliances,
and comply with off-
street electric vehicle
requirements in the
most recently adopted
version of CALGreen
Tier 2 requirements.
HAZARDS AND HAZARDOUS MATERIALS
MM HAZ-2.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Sites 6, 8, 10, 16, 18, and 19 to comply with the following measure:
a. The City shall require a Phase I Environmental Site Assessment (Phase I ESA) prior to issuance of any discretionary permits that would allow ground-disturbing activities, with a Phase II ESA also required if the Phase I ESA indicates evidence of potential site contamination. The City shall also require compliance with the site assessment(s) and any remediation, removal, and disposal requirements for soil, surface water, and/or groundwater contamination enforced by the Department of Toxic Substances Control (DTSC), Regional Water Quality Control Board
(RWQCB), San Mateo County Department of Environmental
Health (SMCEHS), California Division of Occupational Safety and Health (CalOSHA), U.S. Environmental Protection Agency (EPA), and other jurisdictional agencies.
Adopt a policy in the
Housing Element
Update that would
require future
development at
Housing Opportunity
Sites 6, 8, 10, 16, 18,
and 19 prepare a Phase
I ESA prior to the
issuance of any
discretionary permits.
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
175 of 345
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Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
MM HAZ-2.2: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Site 14 to comply with the following measures:
a. Prior to the issuance of any discretionary permits that would allow ground-disturbing activities on Site 14 (outside of the area shown on Figure 4.9 1), the project proponent shall obtain a Phase I Environmental Site Assessment (ESA). The Phase I ESA shall be conducted in accordance with the United States Environmental Protection Agency’s All Appropriate Inquiries (AAI) Rule and the latest American Society for Testing and Materials (ASTM International) guidelines, and identify all potential subsurface contaminants warranting further investigation.
b. If the Phase I ESA identifies any potential contaminants warranting further investigation, a Phase II ESA shall be prepared in accordance with the United States Environmental Protection Agency’s AAI Rule and the latest ASTM International guidelines.
As part of the Phase II, a qualified environmental professional (as defined in Title 40 of the California Code of Regulations) shall take soil, soil vapor, and groundwater samples as determined necessary by the environmental professional in the area of proposed disturbance at 0.5 feet below ground surface (bgs) to the maximum proposed depth of disturbance. Collected soil samples shall be tested for all potential contaminants identified in the Phase I ESA to determine if contaminants exceed California Division of Occupational Safety and Health (Cal/OSHA) exposure limits or San Mateo County Environmental Health Services (SMCEHS) environmental screening levels for residential uses.
Adopt a policy in the
Housing Element
Update that would
require future
development at
Housing Opportunity
Site 14 to prepare a
Phase I ESA prior to
the issuance of any
discretionary permits.
If the Phase I ESA
identifies potential
concerns, a Phase II
ESA would be
prepared.
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
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MITIGATION MONITORING AND REPORTING PROGRAM
SAN BRUNO HOUSING ELEMENT UPDATE PROJECT
Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
c. The results of the Phase II ESA shall be provided SMCEHS department. If determined necessary by the SMCEHS, a
Redevelopment Management Plan (RMP) or equivalent shall be prepared and submitted to the SMCEHS and the Director of Community and Economic Development or the Director’s designee that includes 1) an evaluation of whether redevelopment activities will create new exposure pathways to human health and the environment that pose unacceptable risks, and, if so, how those risks will be mitigated, and 2) a discussion of how contaminated media will be handled and disposed during construction activities.
Once approved by the SMCEHS and Community and Economic
Development Department, the RMP or equivalent shall be
implemented by a qualified environmental professional. The results of the RMP or equivalent shall be submitted to the SMCEHS and the Director of Community and Economic Development or the Director’s designee prior to the issuance of any issuance of any discretionary permits (e.g., grading, construction, occupancy, whichever occurs first).
MM HAZ-5.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at Housing Opportunity Site 14 to comply with the following measures:
a. Prior to the issuance of any construction or building permits, the applicant shall submit a plan with a list of equipment to be used during construction that includes their height and proposed area of operation to the Director of Community and Economic
Adopt a policy in the
Housing Element
Update that would
require future
development at
Housing Opportunity
Site 14 to submit a
plan that details the
type and location of
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
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MITIGATION MONITORING AND REPORTING PROGRAM
SAN BRUNO HOUSING ELEMENT UPDATE PROJECT
Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
Development or the Director’s designee. The use of equipment in locations where it would penetrate critical aeronautical surfaces shall be expressly prohibited by any construction or building permits issued. The plan sets shall include a page depicting the critical aeronautical surfaces on-site, a list of all equipment with heights of 55 feet or greater and their respective heights, and informs construction workers that the use of equipment with heights that would penetrate critical aeronautical surfaces is prohibited. b. Future development at Housing Opportunity Site 14 shall comply with Policy AP-3 of the Comprehensive Airport Land Use
Compatibility Plan for the Environs of San Francisco International Airport (ALUCP). Buildings with heights in excess of the applicable critical aeronautical surface as shown in Exhibit IV-17 at Housing Opportunity Site 14 shall be prohibited unless the Federal Aviation Administration determines the proposed building height is not a hazard to air navigation in an aeronautical study prepared pursuant to the filing of Form 7460-1. Proof of compliance with Policy AP-3 of the ALUCP shall be provided to the Director of Community and Economic Development or the Director’s designee prior to issuance of any construction or building permits.
construction
equipment. In addition,
all plans shall include a
page depicting the
critical aeronautical
surfaces on-site, a list
of all equipment with
heights of 55 feet or
greater and their
respective heights, and
informs construction
workers that the use of
equipment with heights
that would penetrate
critical aeronautical
surfaces is prohibited.
NOISE
MM NOI-2.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at all Housing Opportunity Sites to implement the following measures during demolition and construction:
Adopt a policy in the
Housing Element
Update that would
require future
development at all
Housing Opportunity
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
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MITIGATION MONITORING AND REPORTING PROGRAM
SAN BRUNO HOUSING ELEMENT UPDATE PROJECT
Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
• Groundborne vibration studies shall be prepared by qualified professionals in accordance with industry-accepted methodology where heavy construction activities involving significant site grading, underground, or foundation work will occur within 25 feet of residential or other vibration sensitive uses. The industry- accepted methodologies include the recommended vibration assessment procedure and thresholds provided by public agencies such as Caltrans or the Federal Highway Administration. The studies should identify necessary construction vibration controls to reduce both human annoyance and the possibility of cosmetic damage. Controls shall include, but not be limited to, the following measures:
o A list of all heavy construction equipment to be used for this project known to produce high vibration levels (tracked vehicles, vibratory compaction, jackhammers, hoe rams,
etc.) shall be submitted to the City by the contractor. This list shall be used to identify equipment and activities that would potentially generate substantial vibration and to define the level of effort for reducing vibration levels below the thresholds.
o Place operating equipment on the construction site as far as possible from vibration-sensitive receptors.
o Use smaller equipment to minimize vibration levels below the limits.
o Avoid using vibratory rollers and tampers near sensitive areas.
o Select demolition methods not involving impact tools.
Sites prepare
groundborne vibration
studies.
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MITIGATION MONITORING AND REPORTING PROGRAM
SAN BRUNO HOUSING ELEMENT UPDATE PROJECT
Mitigation
Method of
Compliance Or
Mitigation Action
Timing of
Compliance
Oversight
Responsibility
o Modify/design or identify alternative construction methods to reduce vibration levels below the limits.
o Avoid dropping heavy objects or materials.
TRANSPORTATION
MM TRN-1.1: Prior to approval, the 2023-2031 Housing Element shall include a policy requiring future development at all Housing Opportunity Sites that would generate a sufficient amount of trips according to the City’s traffic analysis guidelines or otherwise warrant analysis as determined by the City to prepare a Transportation Analysis (TA) prior to the issuance of any discretionary permits. Prior to the preparation of the TA, a scope of work outlining the proposed approach to the TA shall be submitted to the Director of Public Works or the director’s designee for review and approval. The TA, at a minimum, shall evaluate the proposed development for consistency with the City’s General Plan and Walk ‘N Bike Plan, review the proposed layout for any geometric design features that may increase hazards (e.g., sight distances, turning radii, etc.), and verify adequate emergency access is provided. The TA shall provide recommendations addressing any identified inconsistencies, geometric design hazards, or emergency access issues that shall be incorporated into the final design. The TA shall be prepared in accordance with Public Works’ guidance and submitted prior to the approval of any discretionary permits as part of the project-level review of all future development under the Housing Element Update.
Adopt a policy in the
Housing Element
Update that would
require future
development at all
Housing Opportunity
Sites that would
generate a sufficient
amount of trips
according to the City’s
traffic analysis
guidelines or otherwise
warrant analysis as
determined by the City
to prepare a
Transportation
Analysis (TA) prior to
the issuance of any
discretionary permits.
Prior to approval of the
2023-2031 Housing
Element Update
Community and
Economic
Development
Department – Planning
Division
SOURCE: City of San Bruno, 2023-2031 Housing Element Update Initial Study, December 2022.
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1 RESOLUTION NO. 2024 - __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO ADOPTING AN AMENDED 2023-2031 HOUSING ELEMENT, WITH FINDINGS OF SUBSTANTIAL
COMPLIANCE WITH STATE HOUSING ELEMENT LAW, PURSUANT TO GOVERNMENT CODE SECTION 65585, AND AUTHORIZING STAFF TO SUBMIT THE AMENDED
HOUSING ELEMENT TO THE CALIFORNIA DEPARTMENT OF HOUSING AND
COMMUNITY DEVELOPMENT FOR REVIEW AND CERTIFICATION
WHEREAS, the California legislature has found that “California has a housing supply and affordability crisis of historic proportions. The consequences of failing to effectively and aggressively confront this crisis are hurting millions of Californians, robbing future generations of the chance to call California home, stifling economic opportunities for workers and businesses, worsening poverty and homelessness, and undermining the state’s environmental and climate objectives.” (Gov. Code Section 65589.5.); and
WHEREAS, the legislature has further found that “Among the consequences of those actions are discrimination against low-income and minority households, lack of housing to support employment growth, imbalance in jobs and housing, reduced mobility, urban sprawl, excessive commuting, and air quality deterioration.” (Gov. Code Section 65589.5.); and WHEREAS, the legislature adopted the Housing Crisis Act of 2019 (SB 330) which states that “In 2018, California ranked 49th out of the 50 states in housing units per capita… California needs an estimated 180,000 additional homes annually to keep up with population growth, and the Governor has called for 3.5 million new homes to be built over 7 years”; and WHEREAS, State Housing Element Law (Government Code Sections 65580 et seq.) requires that the City Council adopt a Housing Element for the eight-year period 2023-2031 to accommodate the City of San Bruno’s (City) regional housing need allocation (RHNA) of 3,165 housing units, comprised of 704 very-low-income units, 405 low-income units, 573 moderate- income units, and 1,483 above moderate-income units; and WHEREAS, State law requires that the City take meaningful steps to promote and affirmatively further fair housing (Gov. Code Section 65583(c)(5)); and WHEREAS, on January 24, 2023, the City Council held a duly noticed public hearing and repealed its 2015-2023 Housing Element and adopted its 2023-2031 Housing Element to comply with State Housing Element Law and on that same date adopted the Initial Study/ Mitigated Negative Declaration for the project and adopted a Mitigation Monitoring and Reporting Program; and
WHEREAS, on January 31, 2023, San Bruno submitted its adopted 2023-2031 Housing Element to the California Department of Housing and Community Development (“HCD”) for review and possible certification; and
WHEREAS, on March 18, 2023, HCD issued its review of San Bruno’s adopted 2023- 2031 Housing Element, which stated the Housing Element satisfactorily addressed many statutory requirements; however, further revisions would be necessary to receive certification of compliance with the State Housing Element Law ( Government Code §§ 65580 et seq.); and 181 of 345
ATTACHMENT 2
2 WHEREAS, City staff worked with HCD staff to address the comments contained in HCD's March 18, 2023 letter and subsequently resubmitted a revised draft of the Housing Element to HCD on March 21, 2024, for review pursuant to Section 65585(b) of the California Government Code. The revised draft Housing Element was posted on the City's website for public review prior to resubmittal to HCD; and
WHEREAS, on May 16, 2024, HCD issued its review of San Bruno’s revised 2023-2031 Housing Element which stated the Housing Element satisfactorily addressed most statutory requirements; however, further revisions would be necessary to receive certification of compliance with the State Housing Element Law (Article 10.6 of the Government Code); and WHEREAS, City staff again worked with HCD staff to address the comments contained in their May 16, 2024 letter and subsequently resubmitted a draft of the Housing Element to HCD on July 12, 2024, for review pursuant to Section 65585(b) of the California Government Code; and
WHEREAS, on July 3, 2024, prior to resubmittal of the element to HCD for review, the City published the amended element on the City’s website for public review as required by State Housing Element law; and
WHEREAS, the amended 2023-2031 Housing Element (the “Amended Housing Element”) will replace the 2023 -2031 Housing Element that was adopted by Council on January 24, 2023, and serve as the City of San Bruno’s guiding policy document for meeting the City’s future housing needs at all economic levels; and
WHEREAS, as provided in Government Code Sections 65352 – 65352.5 San Bruno referred the Housing Element to all California Native American tribes on the contact list provided by the Native American Heritage Commission and to other entities listed; and WHEREAS, no California Native American tribe requested consultation; and WHEREAS, because the sites inventory of the Amended Housing Element utilizes nonvacant sites to meet more than 50 percent of its lower income Regional Housing Needs Assessment (RHNA) allocation, the city must make a finding that existing uses on nonvacant sites do not constitute an impediment to additional residential development pursuant to Government Code Section 65583.2(g); and
WHEREAS, on August 6, 2024, the Planning Commission conducted a duly noticed public hearing to take public testimony and reviewed the Amended Housing Element and all pertinent maps, documents and exhibits, including HCD’s review findings, the staff report and all attachments, and oral and written public comments, and recommended that City Council adopt the Amended Housing Element; and
WHEREAS, a Notice of Public Hearing for adoption of the Amended Housing Element was duly published in the San Mateo Daily Journal on Saturday, August 17, 2024; and WHEREAS, the City Council held a Public Hearing for the Amended Housing Element on August 27, 2024 and on said date, the Public Hearing was opened, held and closed.
WHEREAS, the City Council adopted Resolution No. 2024 - ___, where is hereby incorporated by reference, finding, among other things, that the Amended Housing Element and implementing actions considered concurrently, will not result in a significant effect upon the
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3 environment beyond what was analyzed in the Mitigated Negative Declaration, and adopted the addendum to the Mitigated Negative Declaration for the Amended Housing Element Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Bruno, based on substantial evidence in the staff reports, written and oral testimony, and exhibits presented, hereby finds as follows:
A.The foregoing recitals are true and correct and are incorporated by reference into this action.
B.The proposed Amended Housing Element is in response to the requirements of the California Government Code to update the Housing Element every eight years.
Adoption of an Amended Housing Element is critical to address various requirements of State law and certification of the Amended Housing Element is important to enhance the City’s eligibility for grant funds and to support the City’s local land use authority.
Because several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria, the Amended Housing Element will facilitate the City’s ability to attract new grant funds to improve transportation, infrastructure, open space, and housing. The Amended Housing Element will help ensure that households seeking different housing types and affordable housing will have opportunities to find housing in San Bruno.
C.The Amended Housing Element substantially complies with State Housing Element Law, as provided in Government Code Section 65580 et seq.
D.Based on substantial evidence in the record the properties listed in the Sites Inventory are located in the City’s commercial corridors within proximity to high quality transit, with existing uses that have low building to land value. Furthermore, the City has experienced increased development activity within the Transit Corridors Plan Area as a result of the 2021 rezoning. Chapter 4 of the Technical Background Report of the Housing Element, along with other evidence in the record, provides substantial evidence that sites in the inventory include obsolescent buildings, declining uses impacted by the COVID-19 pandemic and related shifts in the commercial real estate market, low existing floor area ratio, higher development expectations, and as further evidenced by recent site development inquiries, support the finding that existing uses are likely to be discontinued during the planning period. This conclusion is further supported by redevelopment trends for nonvacant sites within the City and the San Francisco Peninsula, as discussed in Chapter 4 of the Technical Background Report. For these reasons, and based on the additional evidence in the record, the City Council hereby finds that the existing uses on the non-vacant sites identified in the site inventory to accommodate the RHNA are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development on the sites during the planning period.
E.Based on factors such as proximity to commercial services, parks and amenities; and access to existing public water and sewer systems, and dry utilities, the 2023- 2031 Housing Element concludes that the nonvacant sites identified in the sites inventory are suitable for residential development.
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4 F.As required by Govemment Code Section 65585(e), the City Council has considered the findings made by the Department of Housing and Community Development included in the each of the Department's letters to the City regarding the Housing Element, including the letter dated May 18, 2024, and, consistent with Government Code Section 65585, the City Council has changed the Amended Housing Element in response to the comments and findings of the Department to substantially comply with the requirements of State Housing Element Law.
G.The Community Development Director or designee is hereby directed to file all necessary material with the Department of Housing and Community Development to enable the Department to find that the Amended Housing Element is in conformance with State Housing Element Law and is further directed and authorized to make all non-substantive changes to the Housing Element to make it internally consistent or to address any non-substantive changes or amendments requested by the Department to achieve certification.
H.The Community Development Director or designee is hereby directed to distribute copies of the Housing Element in the manner provided in Government Code Sections 65357 and 65589.7.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council hereby adopts the Amended 2023-2031 Housing Element attached hereto as Exhibits A and B, and finds, pursuant to Government Code Section 65583.2(g) that the existing uses on the non-vacant sites identified in the site inventory to accommodate the RHNA are likely to be discontinued during the planning period and therefore do not constitute an impediment to planned residential development on the sites during the planning period.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council authorizes the Community Development Director to make final technical adjustments, if necessary, to respond to additional HCD comments and directs the Community Developent Director, or his designee, to forward to HCD a certified copy of this resolution together with an attested copy for consideration along with the Amended 2023 – 2031 Housing Element.
Exhibit A: Amended 2023-2031 Housing Element
Exhibit B: Technical Background Report
-o0o-
I hereby certify that the foregoing Resolution No. 2024 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on August 27, 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
__________________________________
Lupita Huerta, City Clerk
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EXHIBIT A
Amended 2023-2031 Housing Element
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ATTACHMENT 2, Exhibit A
City of San Bruno
2023-2031 Housing Element
Adopted January 24, 2023, amended August 27, 2024
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CITY OF SAN BRUNO HOUSING ELEMENT 2023-2031 HE i
Table of Contents
1 Executive Summary ................................................................................................................................................ 1-1 Housing Needs ........................................................................................................................................................ 1-1 Constraints to Housing Production ..................................................................................................................... 1-2 Site Inventory and Analysis ................................................................................................................................... 1-3 Affirmatively Furthering Fair Housing ................................................................................................................ 1-5 Public Engagement ................................................................................................................................................. 1-6 Previous Accomplishments ................................................................................................................................... 1-6 Goals and Programs ............................................................................................................................................... 1-7 2 Introduction ............................................................................................................................................................. 2-1 Purpose ..................................................................................................................................................................... 2-1 Organization ............................................................................................................................................................ 2-2 3 Housing Plan ........................................................................................................................................................... 3-1 Goals and Key Programs ....................................................................................................................................... 3-3 AFFH Matrix ........................................................................................................................................................ 3-17 Quantified Objectives ......................................................................................................................................... 3-27
List of Tables
Table 1-1 San Bruno’s RHNA by Income Category ............................................................................................... 1-3 Table 1-2 Summary Table of RHNA Strategy .......................................................................................................... 1-4 Table 3-1 Quantified Objectives .............................................................................................................................. 3-27
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CITY OF SAN BRUNO HOUSING ELEMENT 2023-2031 HE 1-1
1 Executive Summary
Avalon Apartments At The Crossing, City of San Bruno
San Bruno is a modest sized city with diverse geography, pleasant year -round climate, and a strategic location from a transportation standpoint with proximity to San Francisco International Airport, a BART station, CalTrain station, and high-quality transit corridor along El Camino Real. The City has modest fiscal resources, but is committed to improve local housing conditions, exceeding State requirements where possible.
This is reflected in this Housing Element, which contains extensive analysis on housing needs, constraints to housing production, analysis of the sites inventory, fair housing assessments, public engagement, previous accomplishments and goals and programs for the future.
The Housing Element consists of this executive summary, an introduction and the housing plan that lists goals and specific programs to address local housing issues over the next eight years.
A Technical Background Report is attached that has detailed information and analysis for the needs assessment, constraints analysis, sites inventory analysis, affirmatively furthering fair housing, public outreach, and previous accomplishments.
Housing Needs
Housing Element law requires local governments to adequately plan to meet existing and projected housing needs. Therefore, the first step in the Housing Element process is to assess existing conditions, projected trends, and identify housing needs. A detailed Housing Needs Assessment is provided in Section 1 of the Technical Background Report.
Key findings are that San Bruno’s housing conditions are similar to that of San Mateo County, and the Bay Area region as a whole, with some key differences:
• San Bruno’s population has had m odest overall growth in recent years, similar to San Mateo County and the Bay Area region as a whole. Since 2000, San Bruno has had a 12% decline in school aged children (5-14) and 13% decline in middle aged adults (35-44). The cost of living, particularly housing costs, is likely a major factor in the reduced percentage of children and middle-aged adults.
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CHAPTER 1 | EXECUTIVE SUMMARY
HE 1-2
• Similar to the County and region, the share of San Bruno’s population that are seniors has steadily increased and will continue to increase. Seniors can be more likely to have special needs due to restricted incomes, disabilities, or dependency needs.
• While San Bruno has a similar share of Very- Low and Extremely Low income households as the County and region (25%), San Bruno has a lower share of Above Moderate income households (42% compared to 49% and 52%, respectively) and a greater share of Low income households (20% compared to 16% and 13%, respectively).
• San Bruno has a very low vacancy rate (3.7%) compared to the County and region that is an indicator of a high demand for housing units in the community.
• San Bruno has a jobs/housing ratio just over 1.0, while the County and region are more job-heavy with a ratio of around 1.5.
• Overcrowding in San Bruno is similar to the County and region, with 25- 35% of those in 4 person households or less experience some overcrowding.
• Similar to the region, San Bruno has aging housing stock, with most units built between 1940 and 1979.
Overall, the analysis underscores the importance of addressing housing needs in a comprehensive and inclusive manner to ensure the well-being of all residents.
Constraints to Housing Production
Housing Element law (Government Code Section 65583(a)(5)) requires an analysis of constraints to the maintenance, improvement, and development of housing for all income levels and for people with disabilities.
Many factors can encourage or constrain the maintenance, improvement, and development of housing. These factors include physical constraints, economics, and governmental regulations.
The Constraints to Housing Production section of the Technical Background Report analyzes two types of constraints: non- governmental and governmental. The City has minimal influence on n on-governmental constraints including physical characteristics of land such as geologic and seismic issues, given the City’s proximity to the San Andreas Fault, and market factors, including the cost and availability of land, labor, construction materials and financing.
The City has more influence and control over governmental constraints to housing, which include subjective decision-making, environmental law, General Plan and zoning limitations, codes and enforcement, fees and exactions, and permit processing times.
Historically, governmental constraints have hindered housing development, which is a major factor in the lack of housing opportunities statewide. Based on the identified governmental constraints, the Housing Plan in Chapter 3 identifies significant actions , including but not limited to, expanding ministerial review, and shortening review timeframes, to remove or mitigate these constraints.
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City of San Bruno Housing Element 2023-2031 HE 1-3
Site Inventory and Analysis
A key component of the Housing Element is the identification of sites for future housing development, and evaluation of the ability of these sites to accommodate the City’s share of regional housing needs as determined by the Association of Bay Area Governments (ABAG).
The City’s Regional Housing Needs Allocation
(RHNA) for the 2023-2031 planning period is 3,165
units, with the units distributed among the four
income categories shown in Table 1 1. As further
illustrated in the Section 3 of the Technical
Background Report, San Bruno has sufficient
capacity to meet its 2023-2031 RHNA obligations.
State law requires the City to plan for 100 percent of
the RHNA. However, the State encourages local
jurisdictions to plan for a buffer of additional
capacity, recognizing that not all sites will be developed as anticipated. San Bruno is planning for more than the RHNA minimum to provide additional housing opportunities to address local housing needs , particularly focused on potential lower income and moderate-income categories.
The City’s RHNA strategy is summarized by the following two equations:
[RHNA] – [Credits] = [Remaining RHNA]
The RHNA represents the allocation received by San Bruno from ABAG, which is the City’s fair share of the larger regional allocation ABAG received from Housing and Community Development (HCD).
Credits reflect potential Accessory Dwelling Units (ADUs) based on recent trends and Approved Projects that have all required entitlements but have not been constructed as of the completion of this Housing Element.
Remaining RHNA reflects the units that the City must identify sites for. [Remaining RHNA] – [Sites Inventory] = [Surplus/Shortfall] The Sites Inventory is deducted from the Remaining RHNA, and the result is either a Surplus or Shortfall . A Surplus means the Housing Element provides for more units than the RHNA required. A Shortfall means that at the time of the statutory deadline (January 31, 2023), the Housing Element does not have adequate sites with appropriate zoning to fully accommodate the RHNA. The State encourages a buffer, which is a surplus, despite the need to justify each part of the RHNA strategy, market forces, property owner decisions and other external factors can result in identified sites not being developed as expected. Having a buffer means that even as some sites are not developed as expected, there will remain adequate sites to fulfill the RHNA.
TABLE 1-1 SAN BRUNO’S RHNA BY INCOME CATEGORY
Income Category 6th Cycle RHNA
Very Low (up to 50% AMI) 704
Low (51% to 80% AMI) 405
Moderate (81% to 120% of AMI) 573
Above-Moderate (greater than 120% of AMI) 1,483
Total 3,165
Note: AMI = Area Median Income
Source: Association of Bay Area Governments (ABAG)
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Table 1-2 summarizes the RHNA strategy:
TABLE 1-2 SUMMARY TABLE OF RHNA STRATEGY
Income Categories
Extremely
Low/Very
Low
Low Moderate Above
Moderate Total
RHNA 704 405 573 1,483 3,165
Credits 121 528 94 387 1,130
Potential ADUs 67 67 67 23 224
Entitled/Approved/Under Construction Projects 54 461 27 364 906 Remaining RHNA (as of February 2024) 583 (123)1 479 1,096 2,158 6th Cycle Sites Inventory2 762 690 1,100 2,552
Sites with Pending Projects 28 14 258 300
Re-use of 5th Cycle Sites 165 242 16 423
New Sites - No Rezone 365 365 0 730
Total Capacity w/o Rezone 558 621 274 1,453
Shortfall 25 0 822 847
New Sites – Rezone 204 69 826 1,099
Cover Shortfall? Yes Yes Yes
Buffer (6th Cycle Sites – Remaining RHNA) 179 211 4 394 % Buffer 30.7% 44.1% 0.4% 18.3%
1. Excess Credits in one income category cannot be applied to reduce the number of Remaining RHNA units in another income category. While the City technically has 123 more low-income units as credits than the RHNA requires, that figure is not used to calculate the total Remaining RHNA or Buffer.
2. Includes Sites with Pending Projects, Re-Use 5th Cycle Sites, New Sites- No Rezone, and New Sites- Rezone.
Source: City of San Bruno 2024
The City has developed four categories of sites that make up the Site Inventory:
1. Sites with Pending Projects. These are sites where a property owner/developer has an active entitlement being processed. The income categories for units represented for Pending Projects match the pending project.
2. Remaining 5th Cycle Sites. These are sites that were included in the Sites Inventory for the 5 th Cycle but were not built in that timeframe. These do not have a pending project. The income categories for this category are based on the size of the parcels and allowed densities.
3. New Sites – No Rezone. These are sites that are newly identified housing sites in the 6 th Cycle, and that already have zoning in place to allow the density identified in the Housing Element. The income categories for this category are based on the size of the parcels and allowed densities.
4. New Sites – Rezone. These are sites that are newly identified housing sites in the 6 th Cycle, which do not have zoning in place to allow the density identified in the Housing Element. The City must rezone these sites and is scheduled to complete the rezonings in Summer 2024. The majority of units in this category are for the Tanforan project, which has a preliminary application to redevelop the site into a transit- oriented mixed-use village that includes a minimum of 1,002 housing units (176 lower income and 826 are above moderate).
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The net result of the credits and Sites Inventory is 394 more units than the minimum RHNA required for San Bruno. Compared to the Remaining RHNA, the Sites Inventory provides nearly a 31 percent buffer for lower- income units and just over a 44 percent buffer for moderate-income units, beyond the City’s minimum RHNA.
This reflects the City’s intention to go beyond the minimum required by State law to address local housing issues.
Section 3 of the Technical Background Report describes this subject in detail, with site -by-site analysis and justification.
Additional Capacity
In addition to planning for more than the RHNA requirement, the City commits to additional efforts to provide needed housing supply:
• Program identified that commits the City to add 500 units to Sites Inventory by December 2026. This will result in a buffer of nearly 900 units. Also, the program commits that this capacity will be provided in moderate or high resource areas, which is encouraged by State law. • Program identified that commits the City to place a ballot measure in November 2028 to amend Ordinance No. 1284 to expand housing opportunities in the City along transit corridors and expanding “missing middle” options. Ordinance No. 1284 is not a constraint to achieving 6th cycle RHNA, since the 6th cycle RHNA can be met without ballot measure. This Housing Element does not assume any additional units due to this ballot measure , but Ordinance No. 1284 may be a constraint in future cycles, and the City is committing to taking steps to reduce future constraints.
Affirmatively Furthering Fair Housing
Assembly Bill (AB) 686, passed in 2018, mandates all public agencies in California incorporate an Affirmatively Furthering Fair Housing (AFFH) analysis into their housing programs, extending the obligation to demonstrate commitment to AFFH for agencies receiving funding from the U.S. Department of Housing and Urban Development (HUD). The purpose of AFFH is to analyze and take concrete steps to reduce disparities in housing and access to opportunities, promote integration, and comply with fair housing laws. A fair housing assessment was done for San Bruno which included a resident survey that was conducted to support the AFFH analysis. Section 4 of the Technical Background Report provides the comprehensive analysis.
Key elements of the AFFH analysis are:
• Mirroring much of the country, San Mateo County has a history of discriminatory housing practices that led to disparities in housing and economic outcomes experienced by marginalized communities.
AFFH is a comprehensive approach aimed at addressing disparities in housing needs and opportunities, dismantling segregated living patterns, and promoting fair housing practices. • San Bruno has no Racially Ethnically Concentrated Areas of Poverty (R/ECAP) or Racially Ethnically Concentrated Areas of Affluence (R/ECAA)
• Patterns of segregation exist with White (non-Hispanic) and Asian households, which tend to be more concentrated in higher resourced census tracts in the city, and Hispanic residents are prone to be more concentrated in lower resourced census tracts in the eastern part of the city. These lower resourced census tracts suffer from lower educational opportunity, lower economic opportunity, lower environmental scores, and higher social vulnerability scores. • The eastern side of the City has more exposure to environmental issues, including pollution and vulnerabilities to natural disasters, compared to the western side of the City.
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• San Bruno survey respondents experienced housing challenges at a rate consistent with the countywide average but were more likely to be denied housing because of “type of income earned.” • San Bruno has experienced a relatively low number of fair housing complaints filed from 2017 to 2021, accounting for only 7% of the total complaints in San Mateo County. These complaints primarily focused on disability status-based discrimination.
• San Bruno exhibits a disability rate of 8%, consistent with the county's average. Ambulatory difficulties affect 3.6% of the population, independent living challenges affect 3.4%, and cognitive impairments affect 2.8%.
• Overall, San Bruno survey data tends to mirror countywide average survey results. The survey shows that in both the county and San Bruno, being low-income is a barrier to accessing housing. The impacts are highest for Hispanic households.
• In San Bruno, 27% of overall households are Hispanic and 44% of households are low -income.
Hispanic households are also more likely to experience overcrowding and to be cost burdened (the rates of overcrowding and rates of cost burden in the county and Bay area overall are similar to the rates in San Bruno).
San Bruno's housing challenges are multifaceted, ranging from overcrowding and substandard housing to homelessness and the threat of displacement due to natural disasters. To address these issues, the city has outlined a series of comprehensive programs and policies that aim to provide affordable housing, prevent displacement, and ensure the resilience of vulnerable communities. These initiatives, if effectively implemented, can pave the way for a more equitable and sustainable housing landscape in San Bruno.
Public Engagement
The process of preparing this Housing Element had significant public engagement, which is essential for the purpose of identifying housing needs, constraints and identifying priorities for program development and fulfills Government Code Section 65583.
Public engagement included:
• City Manager’s newsletter
• City’s social media accounts and website
• Countywide webinar series
• Equity Advisory Group (EAG)
• San Mateo County Fair Housing Survey
• 21 Element Outreach Panels
• Publicly noticed hearings at Planning Commission and City Council The Sites Inventory and Programs were developed based on the public engagement process. A summary of public engagement efforts and key takeaways is in Section 5 of the Technical Background Report and a detailed listing of public input is provided in Appendix A of the Technical Background Report.
Previous Accomplishments
State law requires an assessment of the achievements of the 5th Cycle Housing Element with the update of the 6th Cycle Housing Element. Section 6 of the Technical Background Report provides a summary of accomplishments, including the City’s provision of 28.7% of the 5 th Cycle RHNA, several ordinance amendments to remove governmental constraints, and assessment of each program, its implementation, and results.
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Goals and Programs
The Housing Element sets broad Goals and specific programs to implement those goals and address housing needs, reduce constraints , respond to public engagement, and further fair housing . A complete listing and description of programs, including timeframes, identification of responsible parties and funding sources is located in Chapter 3, the Housing Plan. A high-level summary of the key programs is listed below:
Goal 1: Housing Conservation: Key Programs
• Partner with regional entities on a home repair program; • Bring at least 100 non-ADU units into compliance over the planning period; and • Monitor and maintain an inventory on short- term rentals and adopt policies thresholds are met to mitigate short-term rental impact on housing.
Goal 2: Production of Housing and Provision of Adequate Housing Sites: Key Programs
• Rezone the three Sites Inventory properties that require rezoning in the summer of 2024; • Expand Sites Inventory capacity by a minimum of 500 additional units in moderate or high resource areas by December 2026, beyond the minimum required by RHNA; • Engage with owners of properties on the Sites Inventory on an annual basis to encourage, support and shepherd them through development;
• Establish an ADU amnesty program and legalize at least 50 ADUs over the planning period; • Develop financial incentives for deed restricted ADUs in high resource areas; • Place a measure on the November 2028 ballot to amend Ordinance No. 1284 to expand housing opportunities for “missing middle” and extend the Transit Corridor Plan. • Adopt comprehensive updates to affordable housing policies to establish a minimum percentage of affordable units as special needs units, affirmative marketing requirements, nexus study for inclusionary requirements and fees; and
• Significant efforts to expand access to public information to all aspects of Housing Element implementation.
Goal 3: Removal of Governmental Constraints: Key Programs • Establish ministerial review of multi-family housing projects, further than already allowed by State law; • Establish expedited plan review for multi-family housing over 20% affordable; • Amend parking regulations to align with State Density Bonus law; • Allow deferral of all impact fees until occupancy for any housing project on the Site Inventory (beyond what is already allowed by State law);
• Simplify construction fees and post an online calculator; and • Ensure the Municipal Code is updated to reflect State housing laws.
Goal 4: Affirmatively Furthering Fair Housing: Key Programs • Fair housing training and information sharing;
• Affirmative marketing plans;
• Support homeless prevention and services;
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• Participate in countywide voucher, assistance, and home sharing programs; • Prioritize capital improvements in the City’s low resource area east of El Camino Real; • Adopt an Environmental Justice Element; and
• Adopt ordinances for tenant protection and plans for anti-displacement.
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CITY OF SAN BRUNO HOUSING ELEMENT 2023-2031 HE 2-1
2 Introduction
Skyline Ridge at Skyline College, City of San Bruno
Purpose
Every jurisdiction in California must adopt a General Plan, including a Housing Element. While jurisdictions must review and revise elements of their General Plan regularly, State law is much more specific regarding the Housing Element. The Housing Element of the General Plan is designed to provide the City of San Bruno with a coordinated and comprehensive strategy for promoting the production of safe, decent, and affordable housing within the community. A priority of both state and local governments, Gover nment Code Section 65580 states the intent of creating housing elements: The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order.
Per state law, the Housing Element has two main purposes:
1. To provide an assessment of both current and future housing needs and constraints in meeting these needs; and
2. To provide a strategy that establishes housing goals, policies, and programs.
In accordance with California Government Code (Title 7, Division 1, Chapter 3, Article 10.6), this Housing Element, presents a comprehensive set of housing policies and actions to address identified housing needs for the next eight years, from January 31, 2023, to January 31, 2031.
The Housing Element builds on an assessment of San Bruno’s housing needs (including the City’s regional housing needs allocation) and an evaluation of existing housing programs, available land, and constraints on housing production. Initiatives proposed to facilitate ongoing provision of affordable and market-rate housing in the city include conservation of residential neighborhoods, reuse of former school sites, redevelopment of transit corridors into mixed -use areas with residential components, and reduction of parking standards for
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housing units along transit corridors. All of these major initiatives are consistent with San Bruno’s adopted General Plan, Transit Corridors Plan (TCP), U.S. Navy Site Specific Plan, and Bayhill Specific Plan.
Organization
This Housing Element addresses all of the topics required by state law (Government Code sections 65583 through 65589.7). Specifically, the Element describes:
• Population and employment trends;
• Household characteristics and housing stock characteristics; • Existing assisted housing and potential risk of conversion to market rates; • Energy conservation;
• Special housing needs;
• Governmental and non-governmental constraints;
• Affirmatively furthering fair housing (AFFH);
• Public engagement to all segments of the community and description of how input will be incorporated into the housing element;
• A detailed site inventory addressing availability and suitability for affordable housing development; • Quantified objectives that estimate the maximum number of units, by income level, to be constructed, rehabilitated, or conserved over the planning period;
• A new eight-year housing program with goals, programs, and implementation actions; and • Detailed accomplishments during the last Housing Element cycle.
Relationship to Other General Plan Elements and Related Plans and Programs San Bruno 2025 General Plan
The San Bruno 2025 General Plan was adopted on March 24, 2009. This updated Housing Element for 2023 - 2031 is fully consistent with the other elements in the San Bruno 2025 General Plan, and in fact is designed as an integral step in the implementation of General Plan goals and policies. The residential capacity identified in the Housing Element are consistent with the General Plan land use designations, the Transit Corridors Plan (TCP), Specific Plans and zoning regulations.
Transit Corridors Plan (TCP)
The City adopted the Transit Corridors Plan in February 2013 that focuses on high- density commercial and residential uses along the city’s transit corridor streets of El Camino Real, San Bruno Avenue, and San Mateo Avenue, adjacent to the Caltrain Station on San Br uno Avenue. The Plan implements the City’s 2009 General Plan Update which added transit- oriented development and mixed -use land use classifications and allows a maximum of 1,610 units within the plan area based on the environmental analysis prepared for the TCP, which can be expanded with additional environmental review. The City’s RHNA strategy identifies sites within the TCP within the 1,610 unit capacity covered by the environmental clearance of the TCP. The TCP is a Priority Development Area (PDF) for the ABAG FOCUS program.
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Bayhill Specific Plan
The Bayhill Specific Plan, adopted in September 2021, is a specific plan that outlines a cohesive, long-term plan for the Bayhill Office Park, which is home to the largest cluster of offices in San Bruno, including Walmart.com, the Police Credit Union, the headquarters of YouTube, and other commercial uses. The Specific Plan allows for residential uses where previously it was not permitted, at the request of the property owners.
U.S. Navy Site Specific Plan
The U.S. Navy Site and Its Environs Specific Plan was developed through a community planning process and adopted by the City in January 2001. The Specific Plan provides the overall planning framework for the growth and redevelopment of the 52-acre former U.S. Navy Site, now referred to as The Crossing. The plan emphasizes mixed-use transit-oriented development. The Specific Plan area is bounded by Hwy. 380 to the south, Sneath Lane to the north, El Camino Real to the east, and Cherry Avenue to the west. The Specific Plan has been amended three times, in 2001, 2005 and 2015.
Plan Bay Area 2050 – MTC/ABAG
Plan Bay Area 2050 is the Bay Area’s regional long -range plan adopted by MTC and the Association of Bay Area Governments (ABAG). The plan was developed in collaboration with Bay Area residents, partner agencies, and nonprofit organizations. Plan Bay Area 2 050 serves as the Bay Area’s Regional Transportation Plan (RTP), as required by federal regulations, and the Sustainable Communities Strategy (SCS), as required by state statute. Overall, the Sites Inventory presented in this document reflects the direction of Plan Bay Area 2050.
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CITY OF SAN BRUNO HOUSING ELEMENT 2023-2031 HE 3-1
3 Housing Plan
Portola Highlands Neighborhood, City of San Bruno
San Bruno is committed to implementing housing policies that expand and preserve our housing stock, encourage greater access to housing, and minimize the displacement of vulnerable residents. To that end, this Housing Element outlines an implementation plan through goals, programs, and implementing actions. Goals are long-range, broad, and comprehensive targets. They are not necessarily measurable or achievable in the planning period; rather, they describe the overall future outcome the community would like to achieve. Policies are focused and specific instructional guidelines. The goals and policies are implemented through a series of implementing programs. Programs identify specific actions the City will undertake toward putting each goal and policy into action.
The goals, programs, and actions build upon the identified housing needs in the community, constraints confronting the City, and resources available to address the housing needs. This Housing Element will guide San Bruno’s housing policy through the 2023 -2031 planning period. The City’s housing goals and p rograms pertain to maintaining, preserving, improving, and developing housing, and affirmatively furthering fair housing (Government Code 65583(b)). The Housing Plan also includes programs to implement the policies and achieve the goals to address the major housing needs identified by State law that do all of the following (Government Code 65583(c)):
• Identify actions that will be taken to make sites available, with appropriate zoning and development standards and services to accommodate the locality’s share of the regional housing needs for each income level.
• Assist in the development of adequate housing to meet the needs of extremely low -, very low-, low-, and moderate-income households.
• Address and, where appropriate and possible, remove governmental constraints to the maintenance, improvement, and development of housing, including housing for people at all income levels, as well as housing for people with disabilities.
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• Conserve and improve the condition of the existing housing stock and preserve affordable housing developments at risk of conversion to market-rate housing. • Promote equal housing for all people, regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability and other characteristics protected by the California Fair Employment and Housing Act.
• Develop a plan to incentivize and promote the creation of accessory dwelling units that can be offered at affordable rent.
• Identify the agencies and officials responsible for implementing the various actions and means by which consistency will be achieved with other general plan elements and community goals. • Include a diligent effort by the City to achieve public participation of all economic segments of the community in the development of the housing element and describe the effort.
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Goals and Key Programs
This Housing Element is built around four goals, with programs that were developed in response to key takeaways, which are provided in quotations, that emerged throughout the outreach process:
Goals
Key Takeaway from Outreach Process and Corresponding
Program(s)
Goal 1: Housing Conservation
“Housing is personal.” Program 1 commits the City to continued efforts to maintain and improve existing housing stock, through home repair programs and life/safety compliance focused Code Enforcement.
Goal 2: Production of Housing
and Provision of Adequate
Housing Sites
“More housing is needed.” The City has identified sites for its RHNA as well as a significant buffer with sites for 31% more lower income units and 4 4% more moderate income units than the RHNA requires.
Program 3d commits the city to rezoning for additional housing sites within the cycle if there isn’t sufficient capacity to meet the city’s housing production targets. Program 5 commits to ballot measure for Ordinance No. 1284 to expand housing opportunities even further for future Housing Element cycles.
“Affordable housing is a top concern.” Program 6 commits the City to re - examine and expand our affordable housing incentives and requirements to provide more affordable housing opportunities. “Better information resources.” Program 8 commits the City to directly provide, or connect people with, key information about various housing issues.
Goal 3: Removal of
Governmental Constraints
“The process is too complicated.” Program 9 commits the City to streamline review processes for housing projects, including opportunities for ministerial processes that exceed what is granted by State law. “The price of housing is a major concern.” While the primary costs of housing are land, materials, and labor, Program 10 commits to simplifying construction permitting fees and providing an online calculator to better inform homeowners and builders; establish deferred impact fees for more types of housing projects than already granted by State law; and reduce parking standards which can be a major cost issue for new construction.
Goal 4: Affirmatively Furthering
Fair Housing
“Equity is on people’s minds.” Programs 14 through 19, including the AFFH Matrix, are established to take meaningful, proactive steps towards discussing housing equity issues and addressing existing inequities, including but not limited to Fair Housing training, affirmative marketing plans, homeless prevention services, place-based strategies for community preservation and revitalization, environmental justice, and tenant protections.
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The City has limited resources, and there are many significant non-governmental financial constraints involved, which led the focus of the Housing Element to be on aspects of the housing production process that the City can control or influence: through offering expansive opportunities for potential buildi ng sites, significantly streamlining City processes, and updating local regulations to provide as much clarity to applicants and builders.
Beyond the housing production focus, this Housing Element commits San Bruno to working through key equity issues affecting our community, and to make meaningful improvements.
Goals establish the purpose, programs are statements to guide decision making regarding housing issues, and actions are specific activities the City will perform to implement the p rograms to achieve the goals. The department(s) primarily responsible for program implementation, time frame, and funding source are identified for each program.
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Goal 1: Housing Conservation
Program/Actions Timeframe Responsible
Party*
Funding
Sources
1 Preserve and Rehabilitate Existing Housing Stock
a
Partner with regional entities on a home repair program with a focus on households in low resource areas, citywide households with disabled or special needs, and condominium associations in low resource areas. Give special emphasis to address high number of older units in low resource areas with lead paint.
Program established by
end of December 2025 CD
Departmental
Budget,
Housing
Funds
b
Continue efforts to bring substandard units into compliance and include results in annual reports. Bring at least 100 non- ADU units into compliance over the planning period.
Establish an amnesty program to waive fines/fees within low resource areas.
Ongoing, with the
establishment of the
amnesty program by the
end of December 2025
CD, FD, CE,
CAO
Departmental
Budget
c Provide home maintenance and improvement education on website. Website by September 1, 2024
CD d
Ensure retention of existing income -restricted affordable units in the City through annual reporting methods. Develop a plan to preserve at-risk units in the next Housing Element cycle.
Ongoing reporting, plan
to be part of Seventh
Cycle Housing Element
e Advertise BMR units as they become available, utilizing the same strategies outlined in the Affirmative Marketing Plan under Program 13.
Begin with the
completion of Program
13, ongoing thereafter
2 Short Term Rentals
a Monitor and maintain an inventory of approved short -term rentals and include data in annual reports. Actively pursue code enforcement for unapproved short-term rentals.
Begin by January 1,
2024, and ongoing
thereafter
CD, AS, CE
Departmental
Budgets
b
If a large proportion of units (over 5%) are used as short -term rentals, citywide or in particular neighborhoods, then adopt policies to mitigate the impacts of vacation rentals on affordable housing within one year of the annual report that reports the large proportion.
Adopt policies within
one year of exceeding
threshold
CD
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Goal 2: Production of Housing and Provision of Adequate Housing Sites Program/Actions Timeframe Responsible
Party*
Funding
Sources
3 Adequate Sites to Accommodate Regional Fair Share of Housing Growth a
Rezone additional sites for 1,099 units to address the 847- unit shortfall and provide a buffer, as summarized in the City’s RHNA sites strategy presented in Table 1 -2. The rezoning shall meet the statutory requirements of Government Code §65583(c)(1)(A) and 65583.2(h) and (i), and will occur concurrent with the re-adoption of the 2023-2031 Housing Element, anticipated to occur in August 2024.
Rezoning by July 1, 2024
(or concurrent with the
re-adoption of the
Housing Element)
CD Departmental
Budget
b
Provide annual monitoring and reporting of overall housing growth and progress, including status of the Tanforan sites. The City will pursue alternative actions (including additional rezoning) if projects do not progress toward completion in the planning period as intended by December 2026.
Annually
c
Analyze future development projects on Sites Inventory properties for consistency with Housing Element, with quarterly updates showing compliance with No Net Loss , Surplus Land Act on publicly owned sites, If the No Net Loss reporting shows a deficit in lower or moderate-income units, the City shall update the Sites Inventory within one year of the quarterly update showing the deficit.
Quarterly updates to
begin July 1, 2024
d
Update the Summary of RHNA Strategy table to increase the Total Units Toward RHNA to add a minimum of 500 units to the Total Units Toward RHNA in moderate or high resource areas by December 2026 through a combination of:
1. Rezoning of A -R (Administrative and Research) lands on Sneath Lane to allow mixed-use high-density residential;
2. Rezoning of additional high-density residential units at Tanforan;
3. Redevelopment of Crestmoor High School; or
4. Other potential sites identified by December 2026.
If publicly owned sites (including City -owned and school sites) are identified as potential sites for housing development, the City will work with the public agencies to ensure compliance with Surplus Land Act.
Amended Summary of
RHNA Strategy table by
end of December 2026
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e
Engage with the owners of Sites Inventory properties on an annual (fiscal year) basis:
1. For entitled sites: discuss issues and processes for building permit submittal, issuance, and construction;
2. For sites with pending projects: discuss progress on the entitlement review and next steps;
3. For sites that do not have entitled or pending projects: discuss development potential and work to connect interested owners with potential development partners.
Annually starting on
July 1, 2024
CD Departmental
Budget
f
Amend the Zoning Code to also apply the by- right approval requirement pursuant to State law Government Code §65583.2(h) and (i) to sites rezoned for the 5 th cycle Housing Element shortfall that are not also 6th cycle Housing Element sites.
By July 1, 2024 (or
concurrent with the re-
adoption of the Housing
Element)
g
Expeditiously process the planning applications and environmental review for the redevelopment of The Shops at Tanforan, which includes 1,014 units, with the goal of completing the entitlement process by the end of 2025. The anticipated submittal date of the planning application is September 2024. The City shall condition the development to have the housing units constructed in Phase I of the development.
By the end of December
2025
4 Accessory Dwelling Units
a
Facilitate 224 new ADUs in planning period. Perform annual monitoring survey of new ADUs and include results in HCD annual reports. Coordinate with 21 Elements for regional long-term reporting/monitoring process.
Monitoring starting
January 1, 2024, ongoing
thereafter CD
Departmental
Budget,
Housing
Funds
b Establish ADU amnesty program and legalize at least 50 ADUs over the planning period.
Establish program by
July 1, 2025
c
Implement a public information and proactive outreach campaign through social media, the City's website about ADU opportunities and processes, including promotion of pre- approved ADU plans developed by Housing Endowment and Regional Trust of San Mateo County (HEART), and CalHFA ADU grants.
By July 1, 2025, ongoing
thereafter CD, CMO
d Develop financial incentives for owners to provide income restricted ADU rentals in high resource areas. By July 1, 2025
CD
e
Review progress in year 3 and 6 of the planning period, if ADU and overall RHNA production falls below projections, develop additional incentives for construction or identify alternative sites within six months of the year 3 and/or 6 reviews. (See also Program 3-d)
By end of Year 3 and
Year 6 of the Planning
Period
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f
Place ballot measure to allow amendments to the ADU Ordinance to increase the allowable number of ADUs/JADUs beyond State law on eligible R-1 and R-2 parcels (see also Program 5 below).
Ballot measure on
November 2028 ballot
CMO, CD,
CAO
Departmental
Budgets
g Assist ADU owners in finding tenants, including marketing available ADUs beyond City limits through regional/County organizations.
Ongoing, as units are
available
CD Departmental
Budgets h
San Bruno is participating in the countywide ADU Resource Center to help facilitate ADU production. The ADU Resource Center is a non-profit supported by San Mateo County jurisdictions and foundations, and will provide tools, educational materials, and expert staff to help jurisdictions and homeowners build more A DUs. It will be modeled after the award-winning Napa Sonoma ADU Center, which offers a proven model for increasing ADU production. Programs and benefits of the resource center include:
• HCD Compliance / Housing Element Implementation Support • Updating ADU Ordinances and Complying with New Laws
• ADU Process Improvements
• Support on Opt-In Programs and Best Practices
• ADU Affordability Monitoring
• Jurisdiction-Specific Educational Materials and Events • Time Saving Services for Your Planning Staff
• Access to a Growing Network of ADU Experts
• Plans Gallery for pre-approved and pre-reviewed plans • ADU affordability programs will begin in year 2
• The City will annually participate and provide funding and/or resources to support the ADU Resource Center efforts
Beginning summer 2024
and annually thereafter
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5 Amend Ordinance No. 1284 to Expand Housing Opportunities a
Place ballot measure to allow amendments to Ordinance No. 1284 to expand housing opportunities, which shall include, but not be limited to:
1. Provide for "Missing Middle" housing opportunities through amending the Municipal Code to remove the 2,900 sq. ft. per unit requirement in order to allow 2 units for any R- 2 legal parcel, and allow legal non -conforming sites, including those with greater units than allowed by zoning, to be rehabilitated, expanded, or rebuilt and maintain the non-conforming number of units.
2. Amending the zoning map, applicable specific plans, and/or zoning text to allow Transit Corridor Plan (TCP) regulations (particularly height and densities) to apply to the entirety of El Camino Real within the City limits and provide environmental clearance for new housing development beyond the 1,610 units provided in the TCP Environmental Impact Report.
Ballot measure on
November 2028 ballot
CMO, CD,
CAO
Departmental
Budgets
b
Should the ballot measure fail, within six months, the City will initiate a community outreach program to develop alternative actions to address housing mobility improvements which shall include the City’s single -family neighborhoods, allowing a variety of housing types (e.g., duplexes, triplexes, and fourplexes) with appropriate development standards to facilitate maximum allowable densities. Alternative actions may include a modified measure to be put on the 2030 ballot.
If necessary, begin
within six months of
November 2028 ballot
measure failing
6 Update Affordable Housing Program
a Develop affordable housing funding implementation plan to identify priorities for use of housing funds, impact fees and in-lieu fee revenues.
By the end of December
2024
CD
Dept Budget
b
Amend policies/regulations to encourage extremely low units and a variety of housing types for households with special needs:
1. Adjust the percentage of lower vs. mod income units based on remaining on RHNA need;
2. Establish a minimum percentage of 20% of BMR units for households with disabilities, special needs (including accessibility), and larger households (3- 4 bedroom units);
3. Establish affirmative requirements for developers;
4. Develop a program that gives displaced residents (former residents of the City of San Bruno) preferential access to new affordable housing units;
5. Ensure inclusionary policies do not constrain housing development by completing a nexus study to confirm percentages, in-lieu fees, and impact fees; and
6. Analyze extending affordability covenant requirements beyond 45-55 years.
By the end of December
2027
Departmental
Budget,
Housing
Funds
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c
Examine city-owned sites for potential affordable housing projects, issue an RFP and prioritize proposals that provide for special needs households. Enter into agreement with an affordable housing developer for a city-owned site.
Issue RFP by the end of
December 2026, enter
into agreement by the end
of December 2027
CD, CMO Departmental
Budgets
7 Encourage Lot Consolidation
Provide incentives for lot consolidation for new multi-family development by updating the User Fee Schedule as follows:
Update User Fee
Schedule by July 1, 2024 CD, AS, PW Departmental
Budgets a
Establish an administrative fee waiver for lot line adjustment/mergers for housing projects on properties in the Sites Inventory that propose densities listed in the Sites Inventory.
b Establish a 50% fee reduction for lot line adjustment/mergers for all multi -family housing projects (3 or more units, not counting ADUs).
8 Expand Access to Public Information About Housing
a Post annual HCD reports on City website. Ongoing
CD
Departmental
Budget b Post No Net Loss quarterly updates on City website. By the end of December 2024, ongoing thereafter
c
Post monthly Development Activity Report, showing approved, pending, under construction, and recently completed housing projects, as well as whether a project has affordable units and project contact information.
By the end of December
2024, ongoing thereafter
Departmental
Budget
d
Create a new housing resources page(s) on the City website, with a fair housing section and links to resources for legal counsel and advocacy assistance for renters and residents with disproportionate housing needs.
By July 1, 2025, ongoing
thereafter
Departmental
Budget,
Grants,
Housing
Funds e
Provide proactive public notification and engagement for Housing Element program implementation, and available programs/services, through social media posts and announcements/links on the City's homepage.
Ongoing
f
Provide an annual update to the Planning Commission and City Council on Housing Element implementation, notify, and invite interested community members to attend and discuss housing issues at this public hearing, and schedule the hearing no later than January in order to allow the results to inform the upcoming fiscal year budget.
Starting in 2025, ongoing
thereafter Departmental
Budget
g
The city will support the development and use of a regional affordable housing portal by modifying its affordable housing covenant to require the utilization of the regional platform for the marketing of BMR units in the city.
By the end of December
2024, ongoing thereafter
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h Educate faith -based organizations on opportunities to develop affordable housing through SB 4 and/or AB 1851. Annually
CD Departmental
Budget i
Provide Spanish translation and/or interpretation for published materials and community meetings related to Housing Element and AFFH activities that involve fair housing (Program 12), affirmative marketing (Program 13), additional housing options (Program 15), or are geographically targeting low resource areas To begin July 1, 2024,
and ongoing thereafter
Goal 3: Removal of Governmental Constraints
Program/Actions Timeframe Responsible
Party*
Funding
Sources
9 Streamline Review Processes for Housing Projects
a
Amend Municipal Code to establish a ministerial process in compliance with State law Government Code §65583.2(h) and (i) if the project includes deed -restricted 20% lower income units for at least 55 years.
By July 1, 2024
CD
Departmental
Budgets
b Waive the pre-application fees for housing projects on the Sites Inventory that meet the projected density.
c
Establish a multi-family residential construction permit plan review turnaround time of no more than 20 working days for the first submittal and 15 working days for subsequent submittals, for any multi -family residential project that provide 20% or more lower-income units.
CD, FD, PW
d Amend Municipal Code to simplify review processes for new single-family homes and additions. CD
10 Reduce Barriers to Housing Development
a
Amend parking regulations for residential projects to align with State Density Bonus Law standards, and reference AB2097 for projects near transit. In addition, review and revise requirements for bicycle parking and off -street vehicle loading areas for larger multi-family developments in order to remove constraints to development.
By the end of December
2025
CD Departmental
Budget
b
Establish deferred payment of all City impact fees to Certificate of Occupancy/Final Inspection for housing projects that meet the projected density represented in the City's RHNA table, including approved projects, pending projects and future housing projects on the Sites Inventory.
By the end of December
2024
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HE 3-12
c
Update the User Fee Schedule to simplify application, permitting and impact fees for housing projects and develop an online fee calculator tool for multi -family housing projects.
Update the User Fee
Schedule by July 1, 2025,
and launch the calculator
tool by January 1, 2026
CD, AS, FD,
PW Departmental
Budgets
d Develop a clear process for completing base density studies for projects within the TCP utilizing a Density Bonus.
By the end of December
2024
CD
e
Revise objective design standards for residential development, including the Mixed - Use Zoning from the Transit Corridors Plan, to review and revise floor area ratio limits for smaller lots, minimum setbacks, and upper floor stepbacks. These standards will replace the current findings in the Municipal Code required for Architectural Review Permits.
By July 1, 2026
Departmental
Budget,
Grants
f Hold annual workshops with housing developers to discuss continued efforts to remove governmental constraints regarding processes and feasibility of regulations.
By July 1, 2025, and
ongoing thereafter
Departmental
Budget
g Maintain existing zoning flexibility for small -lot or attached residential "Missing Middle" unit types, and adopt an ordinance for SB 9.
Ongoing, adopt SB 9
ordinance by December
2025
h
Amend the Central Business District (C -B-D) regulations to allow all residential projects on sites where ground floor commercial may not be economically feasible.
The C-B-D regulations only apply to Downtown San Bruno and is the only mixed - use district that requires non-residential ground floor uses.
By July 1, 2026
11 Update Municipal Code to Reflect State Laws
a
Ensure the Municipal Code is updated to reflect State housing laws, including but not limited to:
1. Housing Accountability Act;
2. Density Bonus;
3. ADUs;
4. Emergency shelters (AB 139, AB 2339) – Emergency shelters are permitted by right without discretionary review in the City’s M -1, TOD -S, TOD -1, and TOD-2 zones. The TOD zones are located near transit and services and have adequate capacity to accommodate the City’s unsheltered homeless. Amend the Municipal Code to adopt the same development standards as currently outlined in the Emergency Shelter Overlay (M-1 zone), except the following changes will be made:
First phase by end of
December 2024, second
phase by end of
December 2025
CD, CAO
Departmental
Budgets,
Housing
Funds, Grants
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a. Expand the definition to comply with AB 2339 to include interim housing options such as bridge housing, navigation centers, and respite and recuperative care;
b. Amend parking standards to only require parking for staff, and in no cases require more than similar uses in that district;
c. Establish a maximum bed limit of 50 beds per shelter; and
5. Low-barrier navigation centers for homeless - define the term, consistent with state law, and allow in districts where commercial uses are permitted;
6. Reasonable accommodations – Remove or modify subjective findings, particularly Findings E (Potential impacts on surrounding uses) and F (Physical former attributes of the property and structures) to provide objectivity and certainty in outcomes;
7. Supportive housing - affirmatively state that supportive housing is allowed by right in all zoning district that allow multi -family housing or commercial/residential mixed use;
8. SROs – Establish development standards and permit procedures to encourage and facilitate SROs, including adding a definition to be more inclusive, identifying districts where SROs are permitted (the City will look at all zones that allow multi-family when
determining where to allow SROs), and establishing a
parking standard of no more than 0.5 spaces per unit;
9. Group homes – permit group homes (licensed or not unlicensed) for more than six persons in all districts that permit residential uses as similar uses in the same zones, and subject only to limitations authorized by or consistent with state law and fair housing requirements;
10. Mobile home parks;
11. Replacement (SB8);
12. Employee and Farmworker Housing (Health and Safety Code Sections 17021.5 and 17021.6); and
13. Revising findings of approval for housing entitlements to align with State law.
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HE 3-14
Goal 4: Affirmatively Furthering Fair Housing
Program/Actions Timeframe Responsible
Party*
Funding
Sources
12 Fair Housing
a Maintain and distribute accurate information about fair housing laws and policies. Ongoing CD
Departmental
Budget
b Partner with local fair housing organizations to perform fair housing training for landlords and tenants. Start January 1, 2025,
ongoing thereafter
Departmental
Budget,
Housing
Funds, Grants
c Petition San Mateo County to ensure fair housing testing occurs at least every 3 years in the City of San Bruno.
d Continue to offer discounted utility rates (cable, garbage, water, and sewer) for lower income households in San Bruno. Ongoing
13 Affirmative Marketing Plan
a
Affirmative marketing plan for inclusionary units, including accessible units. Amend affordable housing/BMR ordinance (Program 6b) to require the developer to implement an affirmative marketing plan for inclusionary units included in a project which will provide supportive organizations adequate prior notice of the availability and a process for supporting qualified people to apply, including notifying disability- serving organizations with adequate prior notice of the availability of physically accessible units for supporting people with qualifying disabilities to apply.
Program 6b by the end
of December 2027, at
least annually thereafter
CD
Departmental
Budget,
Housing
Funds, Grants
14 Homeless Prevention and Services
a
Support social services for housing and homeless prevention and work with homeless service providers to prioritize legal help, housing assistance, and other social services for unhoused persons in San Bruno, including but not limited to, support of non- profits such as LifeMoves that offers housing solutions and services for homeless, and active participation in the Continuum of Care planning process and support its efforts to address the needs of San Bruno residents in need of emergency shelter or temporary housing. Ongoing
CD
Departmental
Budget,
Grants,
Housing
Funds
b
Provide referrals to the YMCA Community Resource Center (San Mateo County Core Services Agency), Veteran's Administration (VA) National Call Center of Homeless Veterans, and to the Department of Housing and Urban Development and VA Supportive Housing (HUD-VASH) program for unhoused families or individuals, and at-risk families or individuals.
PD, CD Departmental
Budgets
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City of San Bruno Housing Element 2023-2031 HE 3-15
Goal 4: Affirmatively Furthering Fair Housing
Program/Actions Timeframe Responsible
Party*
Funding
Sources
15 Additional Housing Options
a
Promote San Mateo County's Mortgage Credit Certificate (MCC) program for first - time homebuyers, and HEART's down payment assistance program, with affirmative marketing to households in low resource areas and households with disproportionate housing needs including Hispanic households, persons with disabilities, and single parents.
By July 1, 2024, ongoing
thereafter
CD
Departmental
Budgets,
Housing
Funds b
Continue to participate in the San Mateo County Housing Authority's Housing Choices Voucher program (formerly the federal Section 8 program). Publicize availability of this program to residents through social media and the City's website. Follow up with owners who have opted to participate in the program to ensure a "good faith effort" by participating owners. Ongoing
c
Encourage, facilitate, and promote home sharing opportunities through support of Housing Investment Partnership (HIP) Home Sharing program, which facilitates living arrangements among two or more unrelated people.
16 Place-Based Strategies for Community Preservation and Revitalization a
Prioritize capital improvements in low resource areas, such as neighborhoods east of El Camino Real. Starting on July 1, 2025 (FY25- 26), prioritize ADA improvements, pedestrian improvements, bicycling improvements, transit improvements, tree planting and parks improvements in lower resourced neighborhoods (east of El Camino Real).
Establish metrics by
July 1, 2025; ongoing
implementation and
reporting thereafter
PW, CS, CD
Departmental
Budgets, CIP
Budget,
Grants
b
Engage school districts to identify metrics for disparities in educational outcomes that are within the City's authority; and develop guidelines for developers to provide amenities within projects that can reduce identified disparities in educational outcomes.
Establish metrics by
July 1, 2025; develop
guidelines by end of
December 2025 CD
Departmental
Budget,
Housing
Funds, Grants
c Continue to refer impacted homeowners to the San Francisco International Airport's noise insulation program. Ongoing SFO funded
17 Environmental Justice
a Adopt an Environmental Justice Element to the General Plan. By July 1, 2026 CD Dept Budget, Grants
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HE 3-16
Goal 4: Affirmatively Furthering Fair Housing
Program/Actions Timeframe Responsible
Party*
Funding
Sources
18 Tenant Protections
a
Adopt an ordinance that establishes local tenant protection, to include just cause eviction protection, tenant relocation assistance, and tenant anti -harassment protections.
By the end of December
2025
CD
Departmental
Budget,
Housing
Funds, Grants
b Adopt an anti-displacement policy for low resource neighborhoods east of El Camino Real. By July 1, 2028
c
Adopt a new condominium conversion ordinance that provides restrictions on conversion, right to purchase protections and relocation assistance, and the promotion of affordable housing through comparable replacement units. The ordinance shall comply with the Metropolitan Transportation Commission’s Transit- Oriented Communities Condominium Conversion Restrictions as outlined in the MTC Administrative Guidelines.
By the end of December
2025
19 Affirmatively Furthering Fair Housing
a Implement action items listed in the AFFH Matrix. Varies by item CD Varies by item
* Responsible Party: Department Abbreviations:
AS = Administrative Services Department
CD = Community Development Department
CAO = City Attorney’s Office
CE = Code Enforcement Division of the Police Department CMO = City Manager’s Office
CS = Community Services Department
FD = Fire Department
PD = Police Department
PW = Public Works Department
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City of San Bruno Housing Element 2023-2031 HE 3-17
AFFH Matrix
Fair Housing Outreach and Education
HE Programs or
Other Activities Specific Commitment Timeline Geographic Targeting Metric
Program 12 – Fair
Housing
Maintain and distribute accurate information about fair housing laws and policies. Ongoing
Citywide,
focus on low
resource areas
Hold at least two outreach events
for Fair Housing annually starting
in 2025, with at least one meeting
in the low resource area east of El
Camino Real. Hold at least one
daytime meeting and at least one
evening meeting
Partner with local fair housing organizations to perform fair housing training for landlords and tenants. Start January 1,
2025, ongoing
thereafter
Citywide
Petition San Mateo County to ensure fair housing testing occurs at least every 3 years in the City of San Bruno.
Testing to occur at least every 3
years
Program 8 -
Expand Access to
Public Information
About Housing
Create a new housing resources page(s) on the City website, with a fair housing section and links to resources for legal counsel and advocacy assistance for renters and residents with disproportionate housing needs.
By the end of
December 2024,
then ongoing
Provide three social media posts
per quarter advertising or
introducing housing information
related to any AFFH topic
starting January 1, 2024
Provide proactive public notification of Housing Element program implementation, and available programs/services, through social media posts and announcements/links on the City's homepage.
Ongoing
Program 8 -
Spanish
Translation/Interpr
etation
Provide Spanish translation and/or interpretation for published materials and community meetings related to Housing Element and AFFH activities that involve fair housing (Program 12), affirmative marketing (Program 13), additional housing options (Program 15), or are geographically targeting low resource areas.
To begin July 1,
2024, and
ongoing
thereafter
Citywide and
low resource
areas
100% of community meetings for
identified programs/activities to
have Spanish interpretation
services available
100% of published material for
identified programs/activities to
have Spanish translation
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HE 3-18
Housing Mobility
HE Programs or
Other Activities Specific Commitment Timeline Geographic Targeting Metric
Program 5 –
Amend Ordinance
No. 1284 to
Expand Housing
Opportunities
Place ballot measure to allow amendments to provide for "Missing Middle" housing opportunities through amending the Municipal Code to allow 2 units for any R-2 legal parcel, whereas currently 1 unit is allowed per 2,900 sq. ft., and to allow existing, legal non-conforming sites to be rehabilitated, expanded, or rebuilt and maintain the non-conforming number of units.
Ballot measure
on November
2028 ballot
R-2 Zones,
High Resource
Areas
Construction of 300 non-ADU
"Missing Middle" units in high
resource areas
Program 6 - Update
Affordable Housing
Program
Amend policies/regulations to encourage extremely low units and a variety of housing types for households with special needs:
1. Adjust the percentage of lower vs. mod income units based on remaining on RHNA need;
2. Establish a minimum percentage of 20% of BMR units for households with disabilities, special needs (including accessibility), and larger households (3-4 bedroom units);
3. Establish affirmative marketing requirements for developers;
4. Develop a program that gives displaced residents (former residents of the City of San Bruno) preferential access to new affordable housing units;
5. Ensure inclusionary policies do not constrain housing development by completing a nexus study to confirm percentages, in-lieu fees, and impact fees; and
6. Analyze extending affordability covenant requirements beyond 45-55 years.
Ordinance
amendment by
the end of
December
2026
Citywide
Entitlement of 777 lower
income units to meet the City's
remaining RHNA
30 BMR units for special needs
or larger households
Have 10 households with former
residents of the City occupy new
affordable units
Program 11 -
Update Municipal
Code to Reflect
State Laws
Ensure the Municipal Code is updated to reflect State housing laws, including but not limited to:
1. Housing Accountability Act;
2. Density Bonus;
3. ADUs;
4. Emergency shelters (AB 139, AB 2339);
5. Low-barrier navigation centers for homeless;
6. Reasonable accommodations;
7. Supportive housing;
8. SROs;
9. Group homes;
10. Replacement (SB8)
11. Revising findings of approval for housing entitlements to align with State law.
First phase by
December
2024, second
phase by
December,
2025
Citywide
Municipal Code fully compliant
with State Housing laws by
January 31, 2025
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City of San Bruno Housing Element 2023-2031 HE 3-19
Housing Mobility
HE Programs or
Other Activities Specific Commitment Timeline Geographic Targeting Metric
Program 13 -
Affirmative
Marketing Plan
Affirmative marketing plan for inclusionary units, including accessible units. Amend affordable housing/BMR ordinance to require the developer to implement an affirmative marketing plan for inclusionary units included in a project which will provide supportive organizations adequate prior notice of the availability and a process for supporting qualified people to apply, including notifying disability -serving organizations with adequate prior notice of the availability of physically accessible units for supporting people with qualifying disabilities to apply.
Ordinance
amendment by
the end of
December
2026
Citywide
Include affirmative marketing
requirement as a condition of
approval for 75% of applicable
housing projects prior to
ordinance adoption
Provide supportive
organizations with notice of
availability of 100% of all
housing projects starting with
the ordinance adoption
Program 14 -
Homeless
Prevention and
Services
Support social services for housing and homeless prevention and work with homeless service providers to prioritize legal help, housing assistance, and other social services for unhoused persons in San Bruno, including but not limited to, support of non- profits such as LifeMoves that offers housing solutions and services for homeless, and active participation in the Continuum of Care planning process and support its efforts to address the needs of San Bruno residents in need of emergency shelter or temporary housing.
Ongoing
Increase funding for LifeMoves,
or a similar non-profit, by 10%
annually throughout the
planning period;
Attend at least 75% of the
Continuum of Care meetings per
year
Program 15 -
Additional Housing
Options
Promote San Mateo County's Mortgage Credit Certificate (MCC) program for first-
time homebuyers, and HEART's down payment assistance
program, with affirmative marketing to households in low resource areas and households with disproportionate housing needs including Hispanic households, persons with disabilities, and single parents.
By July 1,
2024, ongoing
thereafter
Citywide, focus
on low
resource areas
Sharing of the down payment
assistance program information
on 1 social media post per
quarter starting in 2024, on the
City's website, and at fair
housing outreach sessions
Continue to participate in the San Mateo County Housing Authority's Housing Choices Voucher program (formerly the federal Section 8 program). Publicize availability of this program to residents through social media and the City's website. Follow up with owners who have opted to participate in the program to ensure a "good faith effort" by participating owners. Ongoing Citywide
Increase voucher use by 10%
from 2023 levels
Encourage, facilitate, and promote home sharing opportunities through support of Housing Investment Partnership (HIP) Home Sharing program, which facilitates living arrangements among two or more unrelated people.
Increase funding for HIP, or
similar non-profit, by 10%
annually throughout the
planning period
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HE 3-20
Program 16 - Place-
Based Strategies for
Community
Preservation and
Revitalization
Prioritize capital improvements in low resource areas, such as neighborhoods east of El Camino Real. Starting on July 1, 2025 (FY25 - 26), prioritize ADA improvements, pedestrian improvements, bicycling improvements, transit improvements, tree planting and parks improvements in low resource areas (east of El Camino Real).
Establish
metrics by July
1, 2025;
ongoing
implement-
ation and
reporting
thereafter
Low Resource
Areas
Develop metrics as part of the
preparation of the CIP for
FY25-26, and implement those
metrics for each budget year on
an ongoing basis
Apply for funding on an annual
basis
Other – Mobility
Improvements
Complete mobility and infrastructure improvements Citywide with emphasis on the low resource area east of El Camino Real . Projects may include:
• Replacement of the City’s water and sewer main lines , road paving, and upgrading sidewalk curbs to meet ADA standards • Well rehabilitation
• Completion of the new Florida Park
• Centennial Plaza renovation project
• Installation of ADA ramps citywide
• Bicycle path improvements ( Bayhill Drive and El Camino Real, Huntington Avenue, Elm and Linden)
• Safe routes to school high priority improvements (pedestrian and bicycle safety enhancements serving San Bruno schools,
including Allen and Belle Air which service low resource areas) Annually as
part of CIP
plan
Citywide with
emphasis on
low resource
areas (east of
El Camino
Real)
Facilitate the development of 10
mobility/infrastructure
improvements during the
planning period, including three
in low resource areas
Program 1 -
Maintain BMR
Units
Ensure retention of existing income-restricted affordable units in the City through annual reporting methods. Develop a plan to preserve at-risk units in the next Housing Element cycle.
Ongoing Citywide Retain 334 income-restricted
affordable units
Advertise BMR units as they become available, utilizing the same strategies outlined in the Affirmative Marketing Plan under Program 13.
Ongoing, as
units are
available
Citywide, BMR
units
Establish and implement
Affirmative Marketing Strategies
for 100% of BMR units that are
vacated during the planning
period
Program 8 – Faith-
based Organization
Sites
Educate faith-based organizations on opportunities to develop affordable housing through SB 4 and/or AB 1851. Annually Citywide
Annually outreach to faith-based
organizations on opportunities
to develop affordable housing
with the goal of initiating one
affordable housing development
during the planning period
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Program 4 – ADU
Tenant Matching
Assist ADU owners in finding tenants, including marketing available ADUs beyond City limits through regional/County organizations.
Ongoing, as
units are
available
Citywide
Establish an ADU marketing
plan with the goal of matching
five ADU owners with tenants
during the planning period
Program 4 –
County ADU
Resource Center
San Bruno is participating in the countywide ADU Resource Center to help facilitate ADU production. The ADU Resource Center is a non-profit supported by San Mateo County jurisdictions and foundations, and will provide tools, educational materials, and expe rt staff to help jurisdictions and homeowners build more ADUs. It will be modeled after the award - winning Napa Sonoma ADU Center, which offers a proven model for increasing ADU production. Programs and benefits of the resource center include:
• HCD Compliance / Housing Element Implementation Support • Updating ADU Ordinances and Complying with New Laws
• ADU Process Improvements
• Support on Opt-In Programs and Best Practices
• ADU Affordability Monitoring
• Jurisdiction-Specific Educational Materials and Events • Time Saving Services for Your Planning Staff
• Access to a Growing Network of ADU Experts
• Plans Gallery for pre-approved and pre-reviewed plans • ADU affordability programs will begin in year 2
The City will annually participate and provide funding and/or resources to support the ADU Resource Center efforts.
Beginning
summer 2024
and annually
thereafter
Citywide with
emphasis on
high resource
areas
Facilitate the development of
two additional ADUs per year,
beyond the 28 annually
projected to meet the RHNA
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HE 3-22
Choice and Affordability in High Opportunity Areas
HE Programs or
Other Activities Specific Commitment Timeline Geographic Targeting Metric
Program 3 –
Adequate Sites to
Accommodate
Regional Fair
Share of Housing
Growth
Rezone sites as identified in the sites inventory to accommodate the RHNA shortfall and to provide a buffer, consistent with the statutory requirements of Government Code §65583c) (1)(A) and 65583.2.
Rezoning will occur concurrent with the re-adoption of the 2023-2031 Housing Element (anticipated to occur in August 2024). Rezoning will meet the statutory requirements of Government Code §65583c)(1)(A) and 65583.2(h) and (i).
By July 1, 2024
(or concurrent
with the re-
adoption of the
Housing
Element)
Citywide
Rezone all sites identified in the
sites inventory to accommodate
and provide a buffer for the 847
unit shortfall (25 very low income
and 822 above moderate income
units) Amend the Zoning Code to also apply the by-right approval requirement pursuant to State law Government Code §65583.2(h) and (i) to sites rezoned for the 5th cycle Housing Element shortfall that are not also 6th cycle Housing Element sites.
Program 4 -
Accessory
Dwelling Units
Establish ADU amnesty program to encourage legalization of unpermitted units.
Establish
program by the
end of
December
2024 Citywide Entitle 75 income-restricted
affordable housing units
(including ADUs) in high
resource areas
Legalize at least 50 ADUs over
the planning period
Implement a public information and proactive outreach campaign through social media, the City's website about ADU opportunities and processes, including promotion of pre -approved ADU plans developed by Housing Endowment and Regional Trust of San Mateo County (HEART), and CalHFA ADU grants.
By the end of
December
2024, ongoing
thereafter
Develop financial incentives for owners to provide income restricted ADU rentals in high resource areas.
By the end of
July 1, 2025 High
Resource
Areas, Single-
Family Zones
Place ballot measure to allow amendments to the ADU Ordinance to increase the allowable number of ADUs/JADUs beyond State law on eligible R-1 and R-2 parcels.
Ballot measure
on November
2028 ballot
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Program 6 -
Update Affordable
Housing Program
Amend policies/regulations to encourage extremely low units and a variety of housing types for households with special needs:
1. Adjust the percentage of lower vs. mod income units based on remaining on RHNA need;
2. Establish a minimum percentage of 20% of BMR units for households with disabilities, special needs (including
accessibility), and larger households (3-4 bedroom units);
3. Establish affirmative marketing requirements for developers;
4. Develop a program that gives displaced residents (former residents of the City of San Bruno) preferential access to new affordable housing units;
5. Ensure inclusionary policies do not constrain housing development by completing a nexus study to confirm
percentages, in-lieu fees, and impact fees; and
6. Analyze extending affordability covena nt requirements beyond 45-55 years.
By the end of
December
2026
Citywide
Facilitate the development of 352
units affordable to extremely low
income households (RHNA) and
30 BMR units for special needs
Program 10 -
Reduce Barriers to
Housing
Development
Maintain existing zoning flexibility for small-lot or attached residential "Missing Middle" unit types.
Ongoing,
Adopt SB 9
Ordinance by
December
2025
Citywide /
High
Resource
Areas
Construction of 300 non-ADU
"Missing Middle" units in high
resource areas
Review and revise requirements for bicycle parking and off -street vehicle loading areas for larger multi-family developments in order to remove constraints to development.
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HE 3-24
Place-Based Strategies for Community Preservation and Revitalization HE Programs or
Other Activities Specific Commitment Timeline Geographic Targeting Metric
Program 16 - Place-
Based Strategies for
Community
Preservation and
Revitalization
Engage school districts to identify metrics for disparities in educational outcomes that are within the City's authority; and develop guidelines for developers to provide amenities within projects that can reduce identified disparities in educational outcomes and prioritize capital improvements that can reduce identified disparities in educational outcomes.
Establish
metrics by July
1, 2025; develop
guidelines by
end of
December 2025
Citywide
Improved educational outcomes
by the last year of the planning
period
Program 1 -
Preserve and
Rehabilitate
Existing Housing
Stock
Partner with regional entities on a home repair program with a focus on households in low resource areas, citywide households with disabled or special needs, and condominium associations in low resource areas.
Special emphasis to address lead paint in older units.
Provide home maintenance education on website.
Program
established by
end of
December 2025
Website by
July 1, 2024
Low Resource
Areas /
Citywide
Annual updates to the home
maintenance website following July
1, 2024
Sharing of the home repair
program on 1 social media post
per quarter starting in 2026
Program 17 -
Environmental
Justice
Adopt an Environmental Justice Element to the General Plan, with focused engagement with residents in low resource areas. By July 1, 2026 Citywide Metrics to be defined in EJ element
Design appropriate actions to accommodate and target areas with more severe environmental issues.
TBD; during
drafting of EJ
Element
Eastern San
Bruno
Identify actions in an
Environmental Justice Element to
mitigate environmental impacts,
specifically targeting
neighborhoods vulnerable to
poorer environmental conditions,
with ongoing implementation to
occur on at least an annual basis
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Other - FAA
Aircraft Noise
Insulation Program
Continue to promote noise insulation improvements for homeowners impacted by San Francisco International Airport noise. Ongoing Low Resource
Areas with
emphasis on
eastern San
Bruno
Targeted mailers to inform
homeowners that have not already
participated in the program
Other - Urban
Forestry and Park
Access
Improve park acreage in low resource areas, including Centennial Plaza and Florida Park.
Centennial Plaza
by end of
December 2024,
Florida Park by
July 1, 2025
Low Resource
Areas
Completion of planned park
improvements in low resource
areas
Other – Street Tree
Planting
Explore a Street Tree Planting Program to enhance sustainable urban forests and mitigate climate impacts.
Explore
program by
December 2025
and establish
December 2026,
if feasible
Low Resource
Areas with
emphasis on
eastern San
Bruno where
environmental
impacts are
heightened
Establish a Street Tree Planting
Program with focused efforts in
tracts with heightened
environmental issues
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HE 3-26
Displacement Protection
HE Programs or
Other Activities Specific Commitment Timeline Geographic Targeting Metric
Program 18 -
Tenant Protections
As specifically described in Program 18, a dopt an ordinance that provides for tenant and community first right of purchase or right of first refusal; and adopt an ordinance to establish local tenant protection (just cause eviction); and adopt a condominium conversion ordinance; and adopt an anti -displacement plan for neighborhoods east of El Camino Real.
By December
2025 and July 1,
2028
Citywide /
Low Resource
Areas
Reduction in areas impacted by
displacement within the City
Adoption of ordinance, more
specific metrics to be defined in
ordinance
Program 1 -
Preserve and
Rehabilitate
Existing Housing
Stock
Continue efforts to bring substandard units into compliance and include results in annual reports. Bring at least 100 non-ADU units into compliance over the planning period.
Ongoing
Citywide,
priority for
Low Resource
Areas
Bring at least 100 non-ADU units
into compliance over the planning
period
Partner with regional entities to establish a home repair program. By December 2025
Low Resource
Areas,
emphasis on
older units
with lead paint
Assist two households annually
after establishment of a home
repair program
Program 11 -
Update Municipal
Code to Reflect
State Laws
Ensure the Municipal Code reflects State law related to reasonable accommodation, group homes , and emergency shelters to reduce displacement risk for disabled or special needs households and individuals.
First phase by
December 2024,
second phase by
December, 2025
Citywide
Adoption of ordinances to align
the Municipal Code to State law,
with first phase by July 1, 2024,
and the second phase by January
31, 2025
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CHAPTER 3 | HOUSING PLAN
City of San Bruno Housing Element 2023-2031 HE 3-27
Quantified Objectives
Housing Element law requires that quantified objectives be developed with regard to new construction, rehabilitation, conservation, and preservation activities that will occur during the eight-year Housing Element cycle. Table 3 -1 summarizes the City of San Bruno’s quantified objectives for the provision of affordable housing opportunities based on its programs during the eight -year 2023-2031 Housing Element cycle. The quantified objectives in Table 3 -1 establish the maximum number of housing units by income category that could be developed or rehabilitated during this Housing Element cycle.
TABLE 3-1 QUANTIFIED OBJECTIVES
Income Category RHNA/
New Construction Rehabilitation Conservation/Preservation** Extremely Low* 352 0 0
Very Low 352 0 0
Low 405 0 329
Moderate 573 100 5
Above Moderate 1,483 0 0
Total 3,165 100 334
* Pursuant to AB 2634, in estimating the number of extremely low-income households, a jurisdiction can use 50 percent of the very low-income allocation or apportion the very low-income figure based on Census data. The extremely low-income figure shown above is based on the 50 percent rule.
**There are no deed restricted affordable units in the city at risk of expiring during this planning cycle.
Source: City of San Bruno 2023
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2 6
0 8
EXHIBIT B
2023-2031 Housing Element
Technical Background Report
The Technical Background Report to the Amended 2023-2031 Housing Element is available at the Community Development Department and at the following link:
https://www.sanbruno.ca.gov/DocumentCenter/View/5946/2023-2031-HE-TBR?bidId= 229 of 345
ATTACHMENT 2, Exhibit B
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1 RESOLUTION NO. 2024- ____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO MAKING
FINDINGS AND OVERRIDING THE SAN MATEO CITY / COUNTY ASSOCIATION OF GOVERNMENTS (C/CAG) AIRPORT LAND USE COMMISSION’S (ALUC)
DETERMINATION OF INCONSISTENCY WITH RESPECT TO PROPOSED GENERAL PLAN LAND USE DIAGRAM, U.S. NAVY SITE AND ITS ENVIRONS SPECIFIC PLAN, AND ZONING MAP AMENDMENTS FOR SITES 20, 21 AND 22 OF THE 2023-2031
HOUSING ELEMENT SITES INVENTORY
WHEREAS, Government Code Section 65580 et seq. (Housing Element Law) requires that every city prepare and periodically update the housing element of its general plan; every city is mandated to include statutory requirements in the housing element; and every city is required to submit a draft of its housing element to the California Department of Housing and Community Development (“HCD”) for review and comment as to whether the City’s draft 2023-2031 Housing Element substantially complies with Housing Element Law; and WHEREAS, the 6th Cycle Regional Housing Needs Allocation (“RHNA”) imposed on the City by the Association of Bay Area Governments (“ABAG”) included 3,165 housing units, which is a substantial increase in the number of housing units required in comparison to the 5th Cycle RHNA allocation of 1,155 units. As a result, the City was required to identify all available sites Citywide as potential housing opportunities, including some in proximity to the San Francisco International Airport; and
WHEREAS, the Housing Element Suitable Sites Inventory includes three potential housing sites, the Shops at Tanforan located at 1178 El Camino Real, including the overflow parking lot at 1292 Huntington Avenue (site 20), the San Bruno Pet Hospital located at 1151 El Camino Real (site 21), and Russo Dental located at 1101 El Camino Real (site 22) (collectively, the “Properties”) as potential future housing sites. The sites identified are estimated to accommodate 1,099 housing units but require a combination of General Plan Land Use Diagram, Zoning Map, and U.S. Navy Site And Its Environs Specific Plan amendments to allow housing (“Project”); and
WHEREAS, the Properties are located within Airport Influence Area B of the San Francisco International Airport (“SFO”), the area subject to formal C/CAG Airport Land Use Commission (“ALUC”) review, and within the 70 -75 decibel (dB) Community Noise Equivalent (CNEL) contour where housing is not a compatible use, with limited exceptions. The exception applies to existing lots of record zoned for residential use as of the effective date of the SFO ALUCP (November 8, 2012). In such cases, new residences must be sound-insulated to achieve an indoor noise level of CNEL 45 dB or less from exterior sources, and the property owner must grant an avigation easement to the City and County of San Francisco prior to issuance of a building permit for the proposed building; and
WHEREAS, the Properties are located in SFO ALUCP Safety Zone 3 (Inner Turning Zone) and Safety Zone 4 (Outer Approach / Departure Zone). Per SFO ALUCP Table IV- 2, Safety Compatibility Criteria, housing is a compatible use in Safety Zone 3 and Safety Zone 4. Therefore, the proposed amendments to allow housing are consistent with the SFO ALUCP safety policies; and
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ATTACHMENT 3
4 1
1 WHEREAS, the SFO ALUCP airspace policies establish maximum heights for the compatibility of new structures. The policies also stipulate the need for compliance with federal regulations requiring notification of the Federal Aviation Administration of certain proposed construction or alterations of structures. Because the Draft Housing Element is a policy document and not a specific development proposal, the airspace compatibility policies of the SFO ALUCP do not directly apply. Consistency with the airspace compatibility policies would be required for future development proposals stemming from the Housing Element; and WHEREAS, in accordance with Public Utilities Code Section 21676(b), the City referred the Project to the ALUC to review consistency with the Comprehensive Land Use Compatibility Plan for the Environs of San Francisco International Airport (“SFO ALUCP”); and WHEREAS, on March 14, 2024, the ALUC, acting pursuant to Public Utilities Code Section 21670, determined that the Project is inconsistent with the noise compatibility policies of the SFO ALUCP; and
WHEREAS, as a final review authority under Public Utilities Code Sections 21670 and 21676, the City Council may, after a public hearing, override the ALUC determination by a two- thirds vote, if the City makes specific findings that the proposed project is consistent with the purposes of the Public Utilities Code Section 21670 regarding the protection of public health, safety and welfare in the areas surrounding airports and by providing the ALUC and the Division of Aeronautics of the California Department of Transportation (“Division”) with notice of the City’s intent to consider overriding the ALUC determination along with supportive findings at least 45 days prior to the City’s action to override the ALUC; and WHEREAS, on April 9, 2024, the City Council adopted a resolution making draft findings and declaring an intent to override the C/CAG ALUC determination of inconsistency with respect to the noise policies for the Project and authorized the City Manager to submit the resolution to the ALUC and the Division; and
WHEREAS, on, April 10, 2024, City staff provided a notice and associated draft findings to the ALUC and Division declaring the City’s intent to consider overriding the C/CAG ALUC determination;
WHEREAS, the Public Utilities Code provides that the ALUC and the Division shall respond to the notifications of the findings of the proposed override within 30 days of receiving the proposed resolution and findings; and
WHEREAS, in the event that the ALUC or Division’s comments are not available within this timeframe, the City may act without them; and
WHEREAS, the comments by the ALUC and Division are advisory to the City under State law; and
WHEREAS, on April 18, 2024, comments were received from SFO, and on May 9, 2024 from the Division, and those comments are attached to this resolution as part of the City’s final decision, and were duly considered by the City Council; and WHEREAS, on August 27, 2024, the City Council conducted a duly and properly noticed public hearing to take public testimony and consider a Resolution overriding the ALUC’s March
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4 1
1 14, 2024 determination, which is more than forty-five (45) days after April 10, 2024, the date upon which the City transmitted its notice of intent to the ALUC and the Division; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Bruno hereby takes the following actions:
1. Makes the findings attached hereto as Exhibit A and incorporated herein; and
2. Overrides the Airport Land Use Commission’s determination that the Project is inconsistent with the Comprehensive Land Use Compatibility Plan for the Environs of San Francisco International Airport with respect to noise policies. In doing so, the City Council hereby specifically finds that approval of the Project is consistent with the purposes of the Public Utilities Code as stated in Section 21670 of the Public Utilities Code; and
3. Directs staff to take all other actions necessary to effectuate the purpose and intent of this resolution; and
4. The City Council finds that the adoption of this resolution is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Specifically, the resolution does not have the potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment because it is limited to the City’s proposal to override the ALUC’s determination. The contemplated General Plan, Zoning, and Specific Plan amendments have undergone independent review and evaluation pursuant to CEQA, as more fully described in Resolution No. ____ which is incorporated herein by reference.
Exhibit A: Findings
Exhibit B: Agency Comments on the Intent to Override
-o0o-
I hereby certify that the foregoing Resolution No. 2024 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on August 27, 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
__________________________________
Lupita Huerta, City Clerk
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Exhibit A: Findings
1. The foregoing recitals are true and correct and made a part of this Resolution.
2. The Public Utilities Code Section 21676 and 21676.5 provides that a local governing body may override the Airport Land Use Commission if it makes specific findings that the proposed action is consistent with the purposes of Public Utilities Code Section 21670. The City Council therefore makes the following findings.
2. The first purpose of Section 21670 is to provide for the orderly development of each public use airport in this State, and the area surrounding these airports so as to promote the overall goals and objectives of California airport noise standards and to prevent the creation of new noise and safety problems. The second purpose of Section 21670 is to protect public health, safety, and welfare by ensuring the orderly expansion of airports and the adoption of land use measures that minimize the public’s exposure to excessive noise and safety hazards within areas around public airports to the extent that these areas are not already devoted to incompatible uses.
3. With respect to noise policies, SFO ALUCP Policy NP-1 Noise Compatibility Zones identifies the noise compatibility zones for the purposes of the ALUCP. As depicted in the City of San Bruno’s amended 2023-2031 Housing Element, three housing sites, the Shops at Tanforan located at 1178 El Camino Real, including the overflow parking lot at 1292 Huntington Avenue (site 20), the San Bruno Pet Hospital located at 1151 El Camino Real (site 21), and Russo Dental located at 1101 El Camino Real (site 22) (collectively, the “Properties”) lie within the Community Noise Equivalent Level (“CNEL”) 70-75 decibel (“dB”) noise exposure contour range where housing development would be incompatible per SFO ALUCP Table IV, Noise/Land Use Compatibility Criteria.
4. Pursuant to SFO ALUCP, Table IV-1, residential land uses are conditionally compatible in the CNEL 65-70 dB noise exposure contour range and are acceptable if sound insulation is provided to reduce interior noise levels from exterior sources to CNEL 45 dB or lower and if an avigation easement is granted to the City and County of San Francisco as operator of SFO.
5. Any housing project at the Properties shall incorporate noise control measures and construction standards that will lessen noise impacts to residents as follows:
a. Prior to issuance of building permits, detailed acoustical analyses shall be completed as part of the final design for the proposed residential structures.
The project shall incorporate construction methods, sound attenuation features, and sound reducing barriers that reduce noise impacts in accordance with Section 21670, State Building Code, and General Plan requirements to meet the interior noise levels of 45 dB CNEL. Sound control treatments shall include mechanical ventilation and central cooling and heating for all units so that windows can be kept closed at the resident’s discretion to control noise, 233 of 345
ATTACHMENT 3, Exhibit A
and special building construction techniques (such as sound-rated windows and building façade treatments) for all units.
b. The project shall include real estate disclosures in residential leases, disclosing the presence of an airport within two miles of the property, per Section 11010 of the Business and Professions Code.
c. The property owners shall grant an avigation easement to the City and County of San Francisco prior to issuance of a building permit for the proposed building or structure. The avigation easement must state that the City overrode the ALUC’s inconsistency finding, describe the immunity granted to the San Francisco International Airport (“Airport”) under Public Utilities Code section 21678, and make clear that the avigation easement is in addition to, and does not limit, the Airport’s immunity.
d. Future developer projects on each of the Properties shall include an indemnification agreement with the City of San Bruno prior to issuance of building permits, ensuring that liability related to noise is assumed by the project.
6. Approval of the proposed Project as described above is consistent with the noise standards of the SFO ALUCP as it would provide for orderly development adjacent to the airport and promote the overall goals and objectives of the California airport noise standards and prevent the creation of new noise and safety problems because the proposed Project provides much needed housing near transit on underutilized sites, while also utilizing advanced construction techniques to minimize any noise impacts to residents, and helping the City satisfy its large RHNA allocation and respond to the housing crisis facing the region and the State.
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EXHIBIT B
Agency Comments on the Intent to Override
SFO
Caltrans
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ATTACHMENT 3, Exhibit B
DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 April 18, 2024
Michael Smith TRANSMITTED VIA EMAIL
Senior Planner [email protected]
Community and Economic Development Department
City of San Bruno
567 El Camino Real
San Bruno, California 94066
Subject: 2023-2031 Housing Element Update, San Bruno, California Dear Michael:
Thank you for notifying San Francisco International Airport (SFO or the Airport) regarding the preparation of the draft 2023-2031 Housing Element (draft Housing Element) for the City of San Bruno (City). We appreciate this opportunity to coordinate with the City in considering and evaluating potential land use compatibility issues from the draft Housing Element.
The draft Housing Element establishes goals, policies, and programs to help address the City’s current and future housing needs and includes a list of recommended housing sites. It is the City’s blueprint for housing- related decisions and sets an action plan for how to meet housing goals over the coming years. Through the State of California’s Regional Housing Needs Allocation (RHNA) process, the Association of Bay Area Governments (ABAG) allocated 3,165 housing units to the City as its share of housing production for the period from 2023-2031.
The draft Housing Element includes a minimum of 1,000 housing units at the Tanforan site, which has been identified by the City as a prime location for housing because of its designation within the City’s Transit Corridors Plan. The Tanforan site is located within the 70 A-weighted decibel (dBA) Community Noise Equivalent Level (CNEL) noise contour and within Safety Compatibility Zone 4. Moreover, many aircraft departure procedures are designed to ascend over the Tanforan site. For the reasons discussed below, housing is incompatible with and inadvisable at the Tanforan site, and the Airport remains opposed to the development of housing there.
As the Airport stated in previous letters sent to the City on May 6, 2022, September 30, 2022, December 16, 2022, and January 17, 2024, the proposal to redevelop the Tanforan site with residential uses is deeply concerning due to its fundamental and unmitigable incompatibility with the noise compatibility policies of the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport (SFO ALUCP). The Airport’s concerns and issues raised in the previous four letters are summarized below:
• As shown in Table IV-1 of the SFO ALUCP, residential uses are not compatible within the CNEL 70 dBA contour (see Attachment A). Developing residential uses within the CNEL 70 dBA contour would expose residents to extreme and persistent noise from aircraft operations. Such exposure can result in adverse health effects including stress-related illnesses, high blood pressure,
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hearing loss, and sleep disruption.1 Unlike the 65 dBA contour, there are no recognized solutions that can mitigate noise within the 70 dBA contour. Further, the simple act of opening a window in a residence negates the benefits of even the best sound insulation. •
•
The Airport has spent hundreds of millions of dollars on insulating incompatible land uses. However, any future residential development within the CNEL 70 dBA contour would render the Tanforan development ineligible for FAA grants for future sound insulation, including the subsequent repair or reinstallation of insulation materials when they fail over time. This ineligibility is discussed in a May 18, 2022 letter from the FAA to the City (see Attachment B).
The Tanforan site is within Safety Zone 4; incompatible uses within Safety Zone 4 include large child day care centers, Biosafety Level 3 and 4 facilities, and children’s schools. Uses to be avoided, such as critical public utilities, should not be allowed within Safety Zone 4 unless no feasible alternative is available, as determined by the City (see Attachment C). The Airport encourages the City to consider Safety Zone 4 compatibility policies during the master planning and site development phases to prevent development of such incompatible uses. • Heights of buildings at the Tanforan site would need to remain no higher than between 55 and 90 feet above the current ground level to be compatible with the airspace protection policies adopted in the SFO ALUCP. Otherwise, any penetrations of the critical aeronautical surfaces would result in real financial and economic impacts to air carriers, cargo operators, the Airport, and the businesses of the City that rely on the Airport for transporting people and cargo.
The Airport supports the development of housing outside of the CNEL 70 dBA contour. Unfortunately, ABAG failed to account for airport land use compatibility policies related to noise as part of the RHNA process. The result of this oversight is a proposal to develop at least 1,000 incompatible housing units on the Tanforan site, which is within the CNEL 70 dBA contour. A second housing opportunity site under consideration by the City (the San Bruno Pet Hospital site at 1151 El Camino Real) is also within the CNEL 70 dBA contour. The Airport remains opposed to the development of housing on sites that are within the CNEL 70 dBA contour because these areas are fundamentally and immitigably incompatible with housing.
The Housing Element Technical Background Report (HETBR) discusses procedures related to the review and approval of land use actions that are inconsistent with the SFO ALUCP. Page 3-6 of the HETBR includes the following language:
California law requires that, after an ALUC has adopted its ALUCP, affected local governments must update their general plans, specific plans, and land use regulations to be consistent with the ALUCP. Alternatively, local governments may take steps, provided by law, to override part or all of the ALUCP as it relates to their jurisdiction.
1 United States Environmental Protection Agency, Clean Air Act Title IV – Noise Pollution. Available online at https://www.epa.gov/clean-air-act-overview/clean-air-act-title-iv-noise-pollution.
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April 18, 2024
At 70 dB CNEL and above, new residential development is inconsistent with the Airport Land Use Plan (ALUP), which essentially means that new residential development and/or redevelopment requires an Airport Land Use Commission (ALUC) override by the San Bruno City Council in the areas surrounding the BART and Caltrain stations, as well as in portions of the Belle Air Park North neighborhood. The Tanforan site falls within the 70 dB airport noise contour, therefore, housing development on this site is considered an incompatible use in the ALUP. The City will need to override the SFO ALUCP with a 2/3 vote of City Council in order to provide housing on the Tanforan site.
These statements are incorrect. The SFO ALUCP itself cannot be overridden. However, if the ALUC determines that a proposed land use action is inconsistent with the SFO ALUCP, the City can override the ALUC’s determination by a two-thirds vote of its governing body as set forth in California Public Utilities Code Section 21675.1(d), provided that specific findings are made that the proposed land use action is consistent with the purposes of Sections 21670(a)(1) and 21670(a)(2). To date, the City has not presented any empirically supported findings that proposed housing within the CNEL 70 dBA contour warrants an override of a determination of incompatibility.
To address San Bruno’s eastern neighborhoods which are already impacted by noise from aircraft overflight from SFO, the city participates in SFO’s airport noise insulation program which provides acoustical improvements to single-family residential properties located inside the 65-dB noise contour. These improvements are offered at no cost to eligible property owners.
As discussed above and in the May 18, 2022 letter from the FAA to the City, any new housing constructed on the Tanforan site, the San Bruno Pet Hospital site, or any other development site within the CNEL 70 dBA contour would not be eligible for FAA grants for future noise insulation.
Due to the City’s proximity to the Airport, Airspace Protection Policies AP-1 through AP-4 of the SFO ALUCP are enclosed (see Attachment D) as reminders of incompatible site characteristics that pose threats to safe aircraft operations – especially as it pertains to wildlife attractants, particularly large flocks of birds – and building materials/features that reflect and create bright lights/glare. * * *
The Airport supports practical housing development in the Bay Area to address the region’s housing crisis.
However, adding housing to areas which have been found to be fundamentally unsuited to residential development is neither practical nor desirable. The Airport understands that because of the presence of high- quality transit near the subject development sites, the City is under State obligation to meet a higher RHNA, but meeting this obligation cannot come at the expense of future residents’ health and well-being.
We observe that the City has recently approved several housing projects outside of the CNEL 70 dBA contour, including 300 Piedmont Avenue, 840 San Bruno Avenue West, and 850 Glenview Drive. Each of these projects included far fewer residential units than would be allowed under existing zoning regulations and failed to take advantage of the possibilities of upzoning for further densification that might support
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expanded mass transit service. The Airport encourages the City to maximize development at these alternative locations to avoid the introduction of incompatible land uses within the CNEL 70 dBA contour.
The Airport appreciates your consideration of these comments. If I can be of assistance, please do not hesitate to contact me at (650) 821-6678 or at [email protected].
Sincerely,
Nupur Sinha
Director of Planning and Environmental Affairs
San Francisco International Airport
Attachments
Attachment A – SFO ALUCP Noise Compatibility Policies
Attachment B – FAA Letter to the City of San Bruno
Attachment C – SFO ALUCP Safety Compatibility Policies
Attachment D – SFO ALUCP Airspace Protection Policies
cc: Alex D. McIntyre, City of San Bruno
Darcy Smith, City of San Bruno
Michael Laughlin, City of San Bruno, Planning & Housing Manager Matt Maloney, ABAG, Director, Regional Planning Program Mark Shorett, ABAG, Principal Planner, Regional Planning Audrey Park, SFO, Environmental Affairs Manager
Chris DiPrima, SFO, Acting Airport Planning Manager
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 Attachment A
SFO ALUCP Noise Compatibility Policies
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012
Hillsborough City Elementary School District
Jefferson Elementary School District
Jefferson Union High School District
Millbrae Elementary School District
Pacifica School District
San Bruno Park Elementary School District
San Mateo County Community College District
San Mateo Foster City Elementary School District
San Mateo Union High School District
South San Francisco Elementary School District
4.3 Noise Compatibility Policies
The airport noise compatibility policies described in this section have a two-fold purpose:
1. To protect the public health, safety, and welfare by minimizing the exposure of residents and occupants of future noise-sensitive development to excessive noise.
2. To protect the public interest in providing for the orderly development of SFO by ensuring that new development in the Airport environs complies with all requirements necessary to ensure compatibility with aircraft noise in the area. The intent is to avoid the introduction of new incompatible land uses into the Airport’s “noise impact area” so that the Airport will continue to be in compliance with the State Noise Standards for airports (California Code of Regulations, Title 21, Sections 5012 and 5014).3 The following noise compatibility policies (NP) shall apply to the ALUCP.
NP-1 NOISE COMPATIBILITY ZONES
For the purposes of this ALUCP, the projected 2020 CNEL noise contour map from the Draft Environmental Assessment for the Proposed Runway Safety Area Program shall define the boundaries within which noise compatibility policies described in this Section shall apply. 4 Exhibit IV-5 depicts the noise compatibility zones. More detail is provided on Exhibit IV-6. The zones are defined by the CNEL 65, 70 and 75 dB contours.
3 4
In 2002, the San Mateo County Board of Supervisors declared that the Airport had eliminated its “noise impact area,” as defined under state law -- California Code of Regulations, Title 21, Sections 5012 and 5014.
URS Corporation and BridgeNet International. Draft Environmental Assessment, Proposed Runway Safety Area Program, San Francisco International Airport, June 2011.
Comprehensive Airport Land Use Compatibility Plan
for the Environs of San Francisco International Airport Airport/Land Use Compatibility Policies[IV-12]
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 LEGEND82
CNEL Contour, 2020 Forecast
Airport PropertyColma
Brisbane BART Station
CALTRAIN Station
School
821
1 Place of Worship
Hospital
E
Municipal Boundary
Railroad101
Freeway
Daly City Road
Planned Land Use Per General Plans:
Public
280
South San Francisco CNEL 65 dB
Multi-Family Residential
Single Family Residential
Mixed Use
101 Transit Oriented Development
Commercial
CNEL 70 dB
CNEL 75 dB
Industrial, Transportation, and Utilities
Local Park, Golf Course, Cemetery
Regional Park or Recreation AreaSan Francisco
Bay
R
Open Space
Planned use not mapped
San Bruno
O 380
Sources:
San Francisco
International Airport Noise Contour Data:
E E lle ev v a at t iio o n n 1 1 3 3. . 2 2F F e e e et t - Draft Environmental Assessment, Proposed Runway Safety Area Program, San Francisco International Airport. URS Corporation and BridgeNet International, June 2011
N
County Base Maps:
- San Mateo County Planning & Building Department, 2007 Pacifica Local Plans:
Cattle Hill
810 - Burlingame Bayfront Specific Area Plan, August 2006 - Burlingame Downtown Specific Plan, January 2009
- Burlingame General Map, September 1984
- North Burlingame/ Rollins Road Specific Plan, February 2007 - Colma Municipal Code Zoning Maps, December 2003
- Daly City General Plan Land Use Map, 1987
- Hillsborough General Plan, March 2005
- Millbrae Land Use Plan, November 1998
- Pacifica General Plan, August 1996
101
82 MillbraeS Sa an n A An nd dr re ea as s L La ak ke eEST - San Bruno General Plan, December 2008 - San Mateo City Land Use Plan, March 2007
- San Mateo County Zoning Map, 1992R
- South San Francisco General Plan, 1998
D
C C o oy yo o t te e P Po oii n nt t C Co o u un n t ty y R R e ec cr re e a at tii o on nA Ar re ea a Burlingame 101 NORTH
0 0.275 0.55 1.1
Miles
82 San Mateo
Hillsborough
280
Foster City Exhibit IV-5
NOISE COMPATIBILITY ZONES
Comprehensive Airport Land Use Plan
for the Environs of San Francisco International AirportMontara 92 C/CAG
City/County Association of GovernmentsL Lo ow we er r C Cr ry ys st ta all S Sp pr riin ng gs s R Rs sv vr rHAYNE RD of San Mateo County, California
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 LEGEND
Colma Brisbane CNEL Contour, 2020 Forecast
Airport Property
101 BART Station
CALTRAIN Station
School
Place of Worship
Daly City
Hospital
Municipal Boundary
Railroad
280 Freeway
Road
South San Francisco Planned Land Use Per General Plans:
Public
Multi-Family Residential
Single Family Residential
Mixed Use
Transit Oriented Development
Commercial101
San Francisco
Bay
Industrial, Transportation, and Utilities
Local Park, Golf Course, Cemetery
Regional Park or Recreation Area
Open Space
Planned use not mapped
San Francisco
International Airport
E E lle ev v a at t ii o on n1 13 3 . . 2 2 F F e ee et tSources:
Noise Contour Data:
- Draft Environmental Assessment, Proposed Runway Safety Area Program, San Francisco International Airport. URS Corporation and BridgeNet International, June 2011
380
County Base Maps:
- San Mateo County Planning & Building Department, 2007 Local Plans:
- Burlingame Bayfront Specific Area Plan, August 2006
- Burlingame Downtown Specific Plan, January 2009
- Burlingame General Map, September 1984
- North Burlingame/ Rollins Road Specific Plan, February 2007 - Colma Municipal Code Zoning Maps, December 2003
- Daly City General Plan Land Use Map, 1987
- Hillsborough General Plan, March 2005
- Millbrae Land Use Plan, November 1998
- Pacifica General Plan, August 1996
San Bruno
- San Bruno General Plan, December 2008
- San Mateo City Land Use Plan, March 2007
- San Mateo County Zoning Map, 1992
W
- South San Francisco General Plan, 1998
NORTH
Y 82
Pacifica 0 0.1 0.2 0.4
Miles
101
Millbrae Exhibit IV-6S Sa an n A An nd dr re ea as s L La ak ke e
NOISE COMPATIBILITY ZONES --
DETAIL
Comprehensive Airport Land Use Plan
for the Environs of San Francisco International Airport C/CAGBurlingame
City/County Association of Governments
of San Mateo County, California
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 The CNEL noise contours presented in Exhibit IV-6 designate the area where noise exposure is great enough to warrant land use controls to promote noise compatibility. It is acknowledged that aircraft noise at levels below CNEL 65 dB can be disturbing to some people.
Although the contours were established using the best available information at the time, noise contours are subject to changes that can be difficult to predict over long periods of time. The primary causes of change in the noise contours at SFO are most likely to be changes in the numbers of operations (arrivals and departures) and in the mix of aircraft using the airport. The patterns of runway use and flight tracks are unlikely to change substantially due to the nature of local weather patterns, topography, and the presence of other airports and air traffic in the metropolitan area.
NP-2 AIRPORT NOISE/LAND USE COMPATIBILITY CRITERIA
The compatibility of proposed land uses located in the Airport noise compatibility zones shall be determined according to the noise/land use compatibility criteria shown in Table IV-1. The criteria indicate the maximum acceptable airport noise levels, described in terms of Community Noise Equivalent Level (CNEL), for the indicated land uses. The compatibility criteria indicate whether a proposed land use is “compatible,” “conditionally compatible,” or “not compatible” within each zone, designated by the identified CNEL ranges.
“Compatible” means that the proposed land use is compatible with the CNEL level indicated in the table and may be permitted without any special requirements related to the attenuation of aircraft noise.
“Conditionally compatible” means that the proposed land use is compatible if the conditions described in Table IV-1 are met.
“Not compatible” means that the proposed land use is incompatible with aircraft noise at the indicated CNEL level.
Comprehensive Airport Land Use Compatibility Plan
for the Environs of San Francisco International Airport Airport/Land Use Compatibility Policies [IV-17]
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 Table IV-1 Noise/Land Use Compatibility Criteria
COMMUNITY NOISE EQUIVALENT LEVEL (CNEL)
LAND USE
Residential
BELOW 65 dB 65-70 dB 70-75 dB 75 dB AND OVER
Residential, single family detached Y
Y
Y
C
C
C
N (a)
N (a)
C
N
N
N
Residential, multi-family and single family attached
Transient lodgings
Public/Institutional
Public and Private Schools Y
Y
Y
Y
Y
Y
C
C
C
C
C
N
N
N
N
C
C
N
N
N
N
N
N
N
Hospitals and nursing homes
Places of public assembly, including places of worship
Auditoriums, and concert halls
Libraries
Outdoor music shells, amphitheaters
Recreational
Outdoor sports arenas and spectator sports
Nature exhibits and zoos
Y
Y
Y
Y
Y
Y
Y
Y
Y
N
Y
N
N
N
Y
Amusements, parks, resorts and camps
Golf courses, riding stables, and water recreation Y
Commercial
Offices, business and professional, general retail Y
Y
Y
Y
Y
Y
Y
YWholesale; retail building materials, hardware, farm equipment Industrial and Production
Manufacturing Y
Y
Y
Y
Y
Y
Y
Y
Y
YUtilities
Agriculture and forestry Y (b)
Y
Y (c)
Y
Y (c)
YMining and fishing, resource production and extraction Notes:
CNEL = Community Noise Equivalent Level, in A-weighted decibels.
Y (Yes) = Land use and related structures compatible without restrictions.
C (conditionally compatible) = Land use and related structures are permitted, provided that sound insulation is provided to reduce interior noise levels from exterior sources to CNEL 45 dB or lower and that an avigation easement is granted to the City and County of San Francisco as operator of SFO. See Policy NP-3.
N (No) = Land use and related structures are not compatible.. (a) Use is conditionally compatible only on an existing lot of record zoned only for residential use as of the effective date of the ALUCP. Use must be sound- insulated to achieve an indoor noise level of CNEL 45 dB or less from exterior sources. The property owners shall grant an avigation easement to the City and County of San Francisco prior to issuance of a building permit for the proposed building or structure. If the proposed development is not built, then, upon notice by the local permitting authority, SFO shall record a notice of termination of the avigation easement. (b)
(c)
Residential buildings must be sound-insulated to achieve an indoor noise level of CNEL 45 dB or less from exterior sources.
Accessory dwelling units are not compatible.
SOURCES: Jacobs Consultancy Team 2010. Based on State of California General Plan Guidelines for noise elements of general plans; California Code of Regulations, Title 21, Division 2.5, Chapter 6, Section 5006; and 14 CFR Part 150, Appendix A, Table 1.
PREPARED BY; Ricondo & Associates, Inc., June 2012.
Comprehensive Airport Land Use Compatibility Plan
for the Environs of San Francisco International Airport Airport/Land Use Compatibility Policies[IV-18]
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 NP-3 GRANT OF AVIGATION EASEMENT
Any action that would either permit or result in the development or construction of a land use considered to be conditionally compatible with aircraft noise of CNEL 65 dB or greater shall be subject to this easement requirement. The determination of conditional compatibility shall be based on the criteria presented in Table IV-1 “Noise/Land Use Compatibility Criteria.” The San Mateo County Airport Land Use Commission (the C/CAG Board) deems it necessary to: (1) ensure the unimpeded use of airspace in the vicinity of SFO; (2) to ensure that new noise-sensitive land uses within the CNEL 65 dB contour are made compatible with aircraft noise, in accordance with California Code of Regulations, Title 21, Section 5014; and (3) to provide notice to owners of real property near the Airport of the proximity to SFO and of the potential impacts that could occur on the property from airport/aircraft operations. Thus, C/CAG shall condition its approval of proposed development upon the owner of the subject property granting an avigation easement to the City and County of San Francisco, as the proprietor of SFO. The local government with the ultimate permitting and approval authority over the proposed development shall ensure that this condition is implemented prior to final approval of the proposed development. If the approval action for the proposed development includes construction of a building(s) and/or other structures, the local permitting authority shall require the grant of an avigation easement to the City and County of San Francisco prior to issuance of a building permit(s) for the proposed building or structure. If the proposed development is not built, then, upon notice by the local permitting authority, SFO shall record a notice of termination of the avigation easement.
The avigation easement to be used in fulfilling this condition is presented in Appendix G.
NP-4 RESIDENTIAL USES WITHIN CNEL 70 dB CONTOUR
As described in Table IV-1, residential uses are not compatible in areas exposed to noise above CNEL 70 dB and typically should not be allowed in these high noise areas. .
NP-4.1 Situations Where Residential Use Is Conditionally Compatible Residential uses are considered conditionally compatible in areas exposed to noise above CNEL 70 dB only if the proposed use is on a lot of record zoned exclusively for residential use as of the effective date of the ALUCP. In such a case, the residential use must be sound-insulated to achieve an indoor noise level of CNEL 45 dB or less from exterior sources. The property owner also shall grant an avigation easement to the City and County of San Francisco in accordance with Policy NP-3 prior to issuance of a building permit for the proposed building or structure.
NP-4.2 Construction of Additional Dwellings on Lots Occupied by Residential Uses is Incompatible within CNEL 70 dB Contour
The construction of second homes on lots occupied by residential uses and the creation of additional housing units in existing buildings within the CNEL 70 dB contour shall be incompatible and inconsistent with this ALUCP.
Comprehensive Airport Land Use Compatibility Plan
for the Environs of San Francisco International Airport Airport/Land Use Compatibility Policies [IV-19]
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 NP-4.3 Residential Subdivisions and Lot Splits are Incompatible within CNEL 70 dB Contour The subdivision of land and the splitting of lots to enable the construction of additional housing within the CNEL 70 dB contour shall be incompatible and inconsistent with this ALUCP.
NP-4.4 Residential Rezonings are Incompatible Within CNEL 70 dB Contour The rezoning of land for residential use within the CNEL 70 dB contour shall be considered incompatible and inconsistent with this ALUCP.
4.4 Safety Compatibility Policies
The safety compatibility policies are established with a twofold purpose:
1. To protect the public health, safety, and welfare by minimizing the public’s exposure to the risk associated with potential aircraft accidents in the Airport vicinity.
2. To protect the public interest in providing for the orderly development of SFO by preventing the creation of new safety problems in the Airport environs.
Compared to noise, safety is a much more difficult concern to address in airport/land use compatibility policies. A major reason is that safety policies address uncertain events that may occasionally occur with aircraft operations, whereas noise policies deal with known, more or less predictable, events that occur with every aircraft operation.
Because aircraft accidents happen infrequently, and the time, place, and consequences of their occurrence cannot be accurately predicted, the concept of risk is central to the assessment of safety compatibility. In terms of airport/land use compatibility planning, two questions must be addressed to determine the relative degree of risk posed by potential aircraft accidents in various locations:
Accident Frequency – Where and when do aircraft accidents typically occur in the vicinity of an airport? Accident Severity – What aircraft and land use characteristics contribute to the consequences of an accident when one occurs?
The overall objective of safety compatibility guidelines is to minimize the risks associated with potential aircraft accidents. There are two components to this objective:
Safety of Persons on the Ground – The most fundamental safety compatibility component is to provide for the safety of people and property on the ground in the event of an aircraft accident near an airport.
Safety of Aircraft Occupants – The other safety compatibility component is to enhance the chances of survival of the occupants of an aircraft involved in an accident that occurs beyond the runway environment.
Comprehensive Airport Land Use Compatibility Plan
for the Environs of San Francisco International Airport Airport/Land Use Compatibility Policies[IV-20]
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 Attachment B
FAA Letter to the City of San Bruno
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 Western-Pacific Region
Office of the Regional Administrator
777 S. Aviation Blvd.
El Segundo, CA 90245
May 18, 2022
Mr. Jovan D. Grogan
City Manager
City of San Bruno
567 El Camino Real
San Bruno, CA 94066-4247
RE: Concerns regarding the Reimagining Tanforan Redevelopment Project Dear Mr. Grogan:
The purpose of this letter is to advise the City of San Bruno that the Federal Aviation Administration (FAA) is concerned about potential impacts to San Francisco International Airport (SFO), land use changes, and the introduction of airport incompatible land use relating to the redevelopment of the Tanforan Shopping Mall (Tanforan Mall) in San Bruno, California. As currently planned, the proposed Reimagining Tanforan Redevelopment Project (Tanforan Project) would introduce new land use compatibility issues and increase noise incompatibility due to arrival and departure operations from SFO. The FAA’s mission is to provide the safest and most efficient aerospace system in the world. Within the context of our mission, the FAA continues to seek ways to mitigate the effects of aviation-related noise by providing financial and technical assistance to airport sponsors on airport compatible land use, noise reduction planning and abatement activities.
The Reimagining San Bruno Land Use Fact Sheet (San Bruno Fact Sheet) states, “...the goal of this early engagement is to identify redevelopment solutions that are financially viable and provide long term benefits to the San Bruno community by streamlining the entitlement approval process to mitigate risks and accelerate the investments.” While there are many benefits to living in a transit-oriented development that is closely connected to mass transit, the FAA is concerned about maintaining compatibility of the existing land use and introducing high-density residences within an area known to be adversely affected by aircraft noise within the Tanforan development.
The FAA is aware that the California Department of Transportation (Caltrans) shares similar concerns, as detailed in their January 20, 2022, letter to the City of San Bruno. We are also aware that SFO has expressed concerns regarding the proposed redevelopment. The FAA is additionally concerned about the environmental justice implications of affordable housing provided in noise- incompatible land.
The City of San Bruno is directly responsible for ensuring proper planning in partnership with state, local, and private entities, and notifying purchasers of real estate and prospective residents of their exposure to direct overflight and extreme and persistent airport noise. In the past, the City of San Bruno directly received federal funding for residential sound insulation to mitigate land use compatibility issues. On May 14, 2008, the FAA reminded the City of San Bruno, via enclosure 1, of the importance of taking appropriate action to adopt zoning and further restrict the introduction of additional non-compatible land uses adjacent to or in the vicinity of SFO. The
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 enclosure to that letter provides Appendix A, Table 1- Land Use Compatibility Guidelines from 14 Code of Federal Regulations Part 150 – Airport Noise Compatibility Planning (Part 150). As shown in enclosure 2, the 2019 Noise Exposure Map from the SFO Noise Compatibility Program1, a majority of the Tanforan Mall area is within the Community Noise Equivalent Level (CNEL) 70 decibel (dB) contour and is heavily affected by SFO departures from Runways 28L and 28R. The FAA continues to provide Airport Improvement Program (AIP) funding for qualified impacted City of San Bruno residences through the SFO Residential Sound Insulation Program. In accordance with FAA Final Policy on Part 150 Approval of Noise Mitigation Measures: Effect on the Use of Federal Grants for Noise Mitigation Projects (63 FR 16409), structures and new non-compatible development built after October 1, 1998, are not eligible for approval of remedial noise mitigation measures under Part 150 or AIP funding. In other words, residences in the Tanforan Project would not receive any AIP funding for residential sound insulation.
According to the San Bruno Fact Sheet, the city may add at least 1,000 and as many as 3,165 residential units. This plan would expose thousands of new residents to significant noise (above 65 dB CNEL), approximately 2,500 to 8,000 persons, using the average number of 2.62 persons per household according to the United States Census Bureau. Given that there are currently 440,000 persons nationwide exposed to significant noise, this development alone would increase the number of people exposed.
SFO primary operations use Runways 28L and 28R for landing and Runways 01R and 01L for departures. In this configuration, Runway 28R is also used for departures of heavy jets on long routes, which need the longest SFO runway (Runway 28R) due to the aircraft weight. The Tanforan Mall area aligns with the SFO Runways 28R and 28L. Use of Runway 28R for departures is not optional for these long-haul flights.
In 2019 there were an average of about 88 heavy jet departures per day; out of those heavy jet departures, 72% departed from Runway 28R or Runway 28L. On August 17, 2019, SFO’s peak departure was 209 heavy jets. Heavy jets were departing Runways 28R and 28L, from 0.5 nautical miles before the proposed development to 0.5 nautical miles after the proposed development. The proposed development is approximately 1.1 nautical miles from the end of Runways 28R and 28L. Therefore, the average altitude of departing heavy jets over the Tanforan site is 1300 to 1800 feet mean sea level.
Also, Runways 28R and 28L are used for departures when winds are strong enough from the West Southwest to no longer allow for Runways 01R and 01L to be used due to unacceptably high tailwinds/crosswinds. Use of SFO Runways 28R and 28L for all departures is not a preferred configuration for SFO. Instead, it is required based on the weather (winds), specific needs of long- haul departures, or aircraft types which require the longest possible runway. In 2019, all aircraft departed only Runway 28L or Runway 28R 7.9% of the time, the second-most-frequent runway configuration at SFO. Additionally, there are occasions when weather forces the use of Runways 10R and 10L for SFO arrivals. Such an occurrence happened on January 22, 2022; enclosure 3 is a photo of an aircraft preparing to land at SFO directly over the Tanforan Mall area. Proposed Tanforan residential units would be exposed to the type, frequency, and severity of aviation activity described above.
1 The San Francisco International Airport, Noise Compatibility Program (NCP) Update 2018 was prepared pursuant to 14 Code of Federal Regulations Part 150 requirements. The first FAA Record of Approval for a SFO NCP was issued on September 7, 1983.
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 As shown in enclosures 4 and 5, Tanforan Mall is located within the footprint for the Approach/Departure Obstruction Clearance Surface (OCS)2 for existing Runway 10R/28L and Runway 10L/28R. Maintaining clearance and protection of the OCS is among critical safety factors for protecting the Nation’s airspace and aviation operations to and from SFO. Proposed structures’ heights must be below the OCS.
Noise and land use compatibility planning are complex issues that need active engagement by the City of San Bruno together in partnership with the City and County of San Francisco, Airport Commission; San Mateo County; aeronautical users such as United Airlines; the business community; and residences to establish a cohesive strategy for the health and well-being of the entire community. Please review the FAA Airport Noise Compatibility Planning Toolkit (Land Use Compatibility and Airports, A Guide for Effective Land Use Planning [PDF]). The City/County Association of Governments (C/CAG) also maintains an Airport Land Use Commission (ALUC) and Comprehensive Airport Land Use Compatibility Plan for the Environs of SFO. This government entity and legal document prepared under State of California Law may indicate further restrictions on the site to maintain airspace, noise, and safety compatibility.
Compliance with FAA guidelines and federal law does not exempt a project sponsor from complying with local regulations.
Should the City of San Bruno, known to be a noise-sensitive community representative in the SFO Airport/Community Roundtable, proceed with the Tanforan Project, exposing as many as 8,000 residents to significant aviation noise, there will be little if any mitigation the FAA would be able to implement for these residents because of the Tanforan Project’s proximity to SFO runways.
Therefore, we strongly encourage the City of San Bruno and San Mateo County officials to consider the FAA’s concerns and look to develop and maintain compatible land uses around SFO.
If you have any questions, please contact my office at (424) 405-7000.
Sincerely,
Tamara A. Swann
Regional Administrator (A)
Enclosures
cc:
Sam Hindi, Roundtable Chairperson, San Francisco
Tom Hamilton, Council member, City of San Bruno
Pamela Wu, Director, Community and Economic Development, City of San Bruno Therese McMillan, Executive Director, Association of Bay Area Governments United States Congresswoman Jackie Speier, CA – 14th District Phillip Miller, Acting, Chief Division of Aeronautics, Caltrans 2 Defined in FAA Advisory Circular (AC) 150/5300-13, Airport Design, and Engineering Brief 99A.
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 Western-Pacific Region
Airports Division
San Francisco ADO
831 Mitten Road, Suite 210
Burlingame, CA 94010
U.S Department
of Transportation
Federal Aviation
Administration
May 14, 2008
Aaron Aknin
Community Development Director
City of San Bruno
567 El Camino Real
San Bruno, CA 94066
Dear Mr. Aknin:
Subject: San Bruno General Plan 2025 and associated Draft Environmental Impact Report
The Federal Aviation Administration (FAA) has completed a cursory review of the subject documents. As a result of that review the FAA is concerned that the San Bruno General Plan (General Plan) and Environmental Impact Report did not consider the City of San Bruno’s (City) airport land use compatibility program obligations.
As noted in the General Plan on page 7-9, the City has accepted federal funds for insulation projects in areas impacted by noise from San Francisco International Airport (SFO). The federal funds were made available to the City as a result of the City and County of San Francisco’s SFO Noise Compatibility Plan (NCP) prepared pursuant to 14 Code of Federal Regulations Part 150, Airport Noise Compatibility Planning (Part 150). The NCP identified noise impact areas and measures developed to achieve compatible land use with SFO operations.
When the City accepted the federal Airport Improvement Program (AIP) funds for the noise insulation projects, the City acknowledged its obligation to take appropriate action to adopt appropriate zoning and further restrict introduction of additional non-compatible land uses adjacent to or in the vicinity of the airport. The AIP grant obligations are identified in the Non-Airport Sponsors Grant Assurances.
The most recent AIP grant is 3-06-0021-29.
The General Plan Guiding Policies encourage additional residential housing in areas that are impacted by airport noise. The majority of the area designated for redevelopment is in the Community Noise Equivalent Level (CNEL) 70 decibel (dB) contour. Proposed high density residential and mixed use developments are located within the CNEL 65 dB contour.
Introduction of additional non-compatible development within the CNEL 65 dB through CNEL 70 dB is inconsistent with the NCP. Table 1 from Part 150 provides federal compatible and non-compatible land use guidelines (enclosed).
Development of local land use plans that are compatible with airport operations is key to ensuring consistency with the City’s grant obligations. The FAA encourages the City to take appropriate action to Enclosure (1)
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 2 maintain compliance with its certification that it will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines and requirements as they relate to use of federal funds for land use compatibility.
If you have any questions or concerns regarding this matter, I am available at (650) 876-2778 extension 613.
Sincerely,
(Original Signed by:)
Camille Garibaldi
Environmental Protection Specialist
Enclosure
cc:
Danielle Rinsler, San Francisco International Airport
Nixon Lam, San Francisco International Airport
Sandy Hesnard, California Department of Transportation
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 TABLE 1—LAND USE COMPATIBILITY WITH YEARLY DAY-NIGHT AVERAGE SOUND Land Use Yearly day-night average sound level (Ldn) in decibels < 65
Y
65-70
N (1)
70-75
N (1)
75-80
N
80-85
N
> 85
N
Residential
Residential, other than mobile homes and
transient lodgings
Mobile home parks
Transient lodgings
Y
Y
N
N (1)
N
N (1)
N
N (1)
N
N
N
N
Public Use
Schools
Hospitals, nursing homes
Churches, auditoriums, and concert halls
Government services
Transportation
Y
Y
Y
Y
Y
Y
N (1)
25 25
Y
Y
Y
N (1)
30 30
25 Y (2)
Y (2)
N
N
N
30 Y (3)
Y (3)
N
N
N
N
Y (4)
Y (4)
N
N
N
N
Y (4)
NParking
Commercial Use
Offices, business and professional
Wholesale and retail- building materials,
hardware and farm equipment
Retail trade-general
Y
Y
Y
Y
25 Y (2)
30 Y (3)
N
Y (4)
N
N
Y
Y
Y
Y
Y
Y
25 Y (2)
25 30
Y (3)
30 N
Y (4)
N
N
N
N
Utilities
Communication
Manufacturing and Production
Manufacturing, general
Photographic and optical
Agriculture (except livestock) and forestry
Livestock farming and breeding
Mining and fishing, resource production
and extraction
Y
Y
Y
Y
Y
Y
Y
Y (6)
Y (6)
Y
Y (2)
25 Y (7)
Y (7)
Y
Y (3)
30 Y (8)
N
Y (4)
N
Y (8)
N
N
N
Y (8)
N
Y Y Y
Recreational
Outdoor sports arenas and spectator sports
Outdoor music shells, amphitheaters
Nature exhibits and zoos
Amusements, parks, resorts, and camps
Golf courses, riding stables and water
recreation
Y
Y
Y
Y
Y
Y (5)
N
Y
Y
Y
Y (5)
N
N
Y
25 N
N
N
N
30 N
N
N
N
N
N
N
N
N
N
Numbers in parenthesis refer to notes; see continuation of Table 1 for notes and key.
The designations contained in this table do not constitute a Federal determination that any use of land covered by the program is acceptable or unacceptable under Federal, State, or local law. The responsibility for determining the acceptable and permissible land uses and the relationship between specific properties and specific noise contours rests with the local authorities. FAA determinations under Part 150 are not intended to substitute Federally determined land uses for those determined to be appropriate by local authorities in response to locally determined needs and values in achieving noise compatible land uses.
(more)
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 TABLE 1—LAND USE COMPATIBILITY WITH YEARLY DAY-NIGHT AVERAGE SOUND LEVELS (CONTINUED) Key to Table 1
Y (YES) Land Use and related structures compatible without restrictions.
N (NO)
NLR
Land Use and related structures are not compatible and should be prohibited.
Noise Level Reduction (outdoor to indoor) to be achieved through incorporation of noise attenuation into the design and construction of the structure. 25, 30, or Land use and related structures generally compatible; measures to achieve NLR of 25, 30 or 35 35 dB must be incorporated into design and construction of structure.
Notes for Table 1
(1) Where the community determines that residential or school uses must be allowed, measures to achieve outdoor to indoor Noise Level Reduction (NLR) of at least 25 dB and 30 dB should be incorporated into building codes and be considered in individual approvals. Normal residential construction can be expected to provide a NLR of 20 dB, thus, the reduction requirements are often stated as 5, 10 or 15 dB over standard construction and normally assume mechanical ventilation and closed windows year round. However, the use of NLR criteria will not eliminate outdoor noise problems.
(2)
(3)
(4)
Measures to achieve NLR of 25 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.
Measures to achieve NLR of 30 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.
Measures to achieve NLR of 35 dB must be incorporated into the design and construction of portions of these buildings where the public is received, office areas, noise sensitive areas or where the normal noise level is low.
(5)
(6)
(7)
(8)
Land use compatible provided special sound reinforcement systems are installed.
Residential buildings require an NLR of 25.
Residential buildings require an NLR of 30.
Residential buildings not permitted.
(end of Table 1)
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 A i r p o r t P r o p e r t y B o u n d a r y
A i r c r a f t N o i s e C o n t o u r
M u n i c i p a l B o u n d a r y
N O I S E S E N S I T I V E F A C I L I T I E S
S c h o o l
B R I S B A N EC O L M A
S O U T H S A N F R A N C I S C O H o s p i t a l
101 P l a c e o f W o r s h i p
H i s t o r i c S t r u c t u r e s
G E N E R A L I Z E D E X I S T I N G L A N D U S E
S i n g l e F a m i l y R e s i d e n t i a l
M u l t i - F a m i l y R e s i d e n t i a l
C o m m e r c i a l
D A L Y C I T Y
S a n F r a n c i s c o B a y
I n d u s t r i a l
P u b l i c
M i x e d U s e
O p e n S p a c e / R e c r e a t i o n / P r e s e r v a t i o n P a r k / G o l f C o u r s e / C e m e t e r y
W a t e r
V a c a n t / U n k n o w n
C N E L – C o m m u n i t y N o i s e E q u i v a l e n t L e v e l d B – D e c i b e l380
S A N B R U N O S a n F r a n c i s c o I n t e r n a t i o n a l A i r p o r t 0 5,000
280
1 Feet
35 P A C I F I C A
M I L L B R A E
82 B U R L I N G A M E
U N I N C O R P O R A T E D 92
H I L L S B O R O U G H S A N M A T E O F O S T E R C I T Y SFO 14 CFR Part 150 Noise Exposure Map Report . 120832
SOURCES: ESRI, 2014; San Mateo County Planning and Building Department, 2014; BridgeNet International, 2014; ESA Airports, 2014 Exhibit 5-2
2019 Noise Exposure Map – San Francisco International Airport Enclosure (2)
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 San Francisco International Airport
Arrival
Preparing for landing at SFO to Runway 10 end. Photo taken on January 22, 2022.
Enclosure (3)
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 Airport Design Approach/Departure Obstruction Clearance Surface (OCS) for SFO Runway 10R/28L and Runway 10L/28R and Location of Current Tanforan Shopping Center Tanforan
Shopping
Center
Enclosure {4}
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 Approach/Departure OCS Profiles
Tanforan
Shopping Center
Enclosure {5}
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 Attachment C
SFO ALUCP Safety Compatibility Policies
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 NP-4.3 Residential Subdivisions and Lot Splits are Incompatible within CNEL 70 dB Contour The subdivision of land and the splitting of lots to enable the construction of additional housing within the CNEL 70 dB contour shall be incompatible and inconsistent with this ALUCP.
NP-4.4 Residential Rezonings are Incompatible Within CNEL 70 dB Contour The rezoning of land for residential use within the CNEL 70 dB contour shall be considered incompatible and inconsistent with this ALUCP.
4.4 Safety Compatibility Policies
The safety compatibility policies are established with a twofold purpose:
1. To protect the public health, safety, and welfare by minimizing the public’s exposure to the risk associated with potential aircraft accidents in the Airport vicinity.
2. To protect the public interest in providing for the orderly development of SFO by preventing the creation of new safety problems in the Airport environs.
Compared to noise, safety is a much more difficult concern to address in airport/land use compatibility policies. A major reason is that safety policies address uncertain events that may occasionally occur with aircraft operations, whereas noise policies deal with known, more or less predictable, events that occur with every aircraft operation.
Because aircraft accidents happen infrequently, and the time, place, and consequences of their occurrence cannot be accurately predicted, the concept of risk is central to the assessment of safety compatibility. In terms of airport/land use compatibility planning, two questions must be addressed to determine the relative degree of risk posed by potential aircraft accidents in various locations:
Accident Frequency – Where and when do aircraft accidents typically occur in the vicinity of an airport? Accident Severity – What aircraft and land use characteristics contribute to the consequences of an accident when one occurs?
The overall objective of safety compatibility guidelines is to minimize the risks associated with potential aircraft accidents. There are two components to this objective:
Safety of Persons on the Ground – The most fundamental safety compatibility component is to provide for the safety of people and property on the ground in the event of an aircraft accident near an airport.
Safety of Aircraft Occupants – The other safety compatibility component is to enhance the chances of survival of the occupants of an aircraft involved in an accident that occurs beyond the runway environment.
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 The Caltrans Airport Land Use Planning Handbook provides guidance on the delineation of safety zones and the application of land use policies in those zones. 5 The safety zones at SFO are based on the Handbook guidance, with adjustments to reflect the specific operating characteristics of the Airport. The safety compatibility policy framework is also based on Handbook guidance. The safety compatibility policies of this ALUCP were designed to work in tandem with the airspace protection policies, described in Section 4.5. The land use compatibility standards established in Table IV-2 restrict the development of land uses that could pose particular hazards to the public or to vulnerable populations in case of an aircraft accident. 6 The maximum building height limits established under the airspace protection policies in Section 4.5 are set at the lowest elevation of the combined airspace surfaces at SFO, including Part 77 airport obstruction surfaces, TERPS obstacle clearance surfaces, and one-engine inoperative clearance surfaces.
The airspace surfaces are generally lowest immediately off the runway ends in the safety zones. This maximum height restriction effectively limits the maximum density of residential uses and the intensity of nonresidential uses.7 The following safety compatibility policies (SP) shall apply to the ALUCP.
SP-1 SAFETY COMPATIBILITY ZONES
Exhibit IV-7 depicts the safety compatibility zones in the vicinity of SFO. Five zones are established, as follows:
Zone 1 -- Runway Protection Zone and Object Free Area (RPZ-OFA): Zone 1 includes the RPZ and the OFA, areas defined according to FAA airport design criteria. 8 The RPZ is a trapezoid-shaped area off each runway end, with the dimensions based on the runway approach visibility minimums and the type of aircraft using the runway. The OFA is a rectangular area centered on each runway within which objects, other than those serving a specific aeronautical purpose, are to be prohibited. Zone 1is an area of relatively high accident risk that FAA encourages airport proprietors to own and keep free of objects, structures, and incompatible uses, including places of assembly (housing, churches, schools, shopping centers, hospitals, and the like), fuel storage, and wildlife attractants.
Zone 2 -- Inner Approach/Departure Zone (IADZ): Zone 2, the IADZ, is designated along the extended centerline of each runway beginning at the outer edge of the RPZ. It is an area of secondary accident risk that tends to be overflown by most aircraft arrivals and departures off each runway end.
Zone 3 -- Inner Turning Zone (ITZ): Zone 3, the ITZ, lies alongside the RPZ and IADZ.
It is an area overflown by aircraft making turns at low altitude immediately after takeoff. It tends 5 6
7 8
California Department of Transportation, Division of Aeronautics, California Airport Land Use Planning Handbook, October 2011, pp. 3-11 – 3-28, 4-13 – 4-34, and Appendices E and F.
For purposes of this ALUCP, vulnerable populations are those with effective limited mobility, including hospital and nursing home patients and children in schools and day care centers.
The Caltrans Handbook measures residential density in dwelling units per acre and nonresidential intensity in people (occupants) per acre. The rationale for the definition of safety zones and policies is discussed in greater detail in Appendix E of this ALUCP.
FAA Advisory Circular 150/5300-13, Airport Design, Section 211 and 307.
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 to be subject to lower accident risk than the IADZ.
Zone 4 -- Outer Approach/Departure Zone (OADZ): Zone 4, the OADZ, extends along the extended runway centerline immediately beyond the IADZ. It is subject to overflights of aircraft on approach and straight-out departures. At SFO, the OADZ off the west end of Runways 10R-28L and 10L-28R is overflown by a high proportion of departures using Runways 28L and 28R, especially long-haul departures by heavy, wide-body aircraft.
Zone 5 – Sideline Zone (SZ): Zone 5, the SZ, is a rectangular area centered on each runway centerline with a width of 2,000 feet and a length extending 200 feet beyond each runway end.
This area is subject to accident risks associated with aircraft losing directional control on takeoff or after landing. At SFO, the SZ is entirely on Airport property.
Exhibit IV-8 presents a close-up view of the safety zones off the west end of Runways 10L-28R and 10R-28L. The RPZs have the following dimensions: 500-foot inner width, 1,010-foot outer width, and 1,700-foot length.
Zone 2 (the IADZ) off each runway extends 4,300 feet beyond the RPZ, with the lateral boundaries extending 750 feet on either side of the extended runway centerline. Zone 4, (the OADZ) extends 4,000 feet beyond Zone 2, with the lateral boundaries extending 500 feet either side of the extended runway centerline.
Zone 3, (the ITZ) extends 6,000 feet from the inner edge of the RPZ on both sides of Zone 2. On the north side, the shape of Zone 3 is designed to capture the area overflown by departures turning right on standard instrument departure routes.9 The eastern boundary follows a radial 75 degrees northeast of the extended runway centerline. 9 Three published instrument departures at SFO require aircraft using Runways 28L and 28R to turn right immediately after takeoff – the Quiet Two, the Rebas, and the Shoreline One departures. http://www.airnav.com/airport/KSFO, accessed February 20, 2012.
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52
POINT SAN BRUNO PARK
POINT SAN BRUNO
LEGEND
101
Safety Compatibility Zones
1 - Runway Protection Zone-Object Free Area
2 - Inner Approach/Departure Zone
3 - Inner Turning Zone
4 - Outer Approach/Departure Zone
5 - Sideline Zonee
PARK
SOUTH SAN FRANCISCO HIGH SCHOOL
SAINT VERONICA ELEMENTARY SCHOOL
PONDEROSA ELEMENTARY SCHOOL 101
4 Internal boundaries of ALP-defined areas
Airport Property
South San Francisco
PARK
BART Station
CALTRAIN Station
School3
4 Place of Worship
3 3 HospitalBRENTWOOD PARK
2 Municipal Boundary
RailroadSHOPS AT TANFORAN
THE CROSSINGSGOLDEN GATE
NATIONAL
CEMETERY SIERRA MORENA SCHOOL 2
Freeway
Road380
Planned Land Use Per General Plans:SAINT VERONICA ELEMENTARY SCHOOL 3 Public
11 Multi-Family Residential
Single Family Residential
Mixed Use
San Francisco
Bay
5 CRESTMOOR ELEMENTARY SCHOOL
5 Transit Oriented Development
Commercial
DECIMA M. ALLEN ELEMENTARY SCHOOL
BELLE AIR ELEMENTARY SCHOOL
San Bruno 5 San Francisco
International Airport
E E lle ev v a at t iio o n n 1 1 3 3. . 2 2F F e e e et t Industrial, Transportation, and Utilities
Local Park, Golf Course, Cemetery
Regional Park or Recreation Area
Open Space
U n i n c . 5
EDGEMONT SCHOOL
Planned use not mapped
5PARKSIDE INTERMEDIATE SCHOOL
Sources:EL CRYSTAL ELEMENTARY SCHOOL
PENINSULA HIGH SCHOOL CALVARY LUTHERAN PRE-SCHOOL
HAPPY HALL SCHOOL Safety Compatibility Zones:
- Jacobs Consultancy Team, 2009; Ricondo & Associates, Inc., 20115 5
LOMITA PARK ELEMENTARY SCHOOL
1 County Base Maps:
- San Mateo County Planning & Building Department, 2007
JUNIPERO SERRA COUNTY PARK CAPUCHINO HIGH SCHOOL
5 3MILLBRAE NURSERY SCHOOL
Local Plans:101
2GLEN OAKS SCHOOL - Burlingame Bayfront Specific Area Plan, August 2006 - Burlingame Downtown Specific Plan, January 2009
- Burlingame General Map, September 1984
- North Burlingame/ Rollins Road Specific Plan, February 2007 - Colma Municipal Code Zoning Maps, December 2003
- Daly City General Plan Land Use Map, 1987
- Hillsborough General Plan, March 2005
- Millbrae Land Use Plan, November 1998
- Pacifica General Plan, August 1996
SAINT DUNSTANS ELEMENTARY SCHOOL
MILLBRAE MONTESSORI SCHOOLGREEN HILLS ELEMENTARY SCHOOL 82 1
BAYFRONT PARK
GREEN HILLS COUNTRY CLUB
MEADOWS ELEMENTARY SCHOOL
3 4BAYSIDE PARKCENTRAL PARK
- San Bruno General Plan, December 2008
- San Mateo City Land Use Plan, March 2007
- San Mateo County Zoning Map, 19922
TAYLOR MIDDLE SCHOOL
Millbrae
3 3
ENGLISH AS A
SECOND LANGUAGE
INSTITUTE
- South San Francisco General Plan, 1998MILLBRAE SCHOOL S Sa an n A An nd dr re ea as s L La ak ke e
MILLS HIGH S C H O M O I L L L B R A E SERRA CONVALESCENT HOSPITAL
HOOVER CHILDRENS CENTER NORTH
PENINSULA HOSPITAL
COYOTE POINT RECREATION AREASPRING VALLEY ELEMENTARY SCHOOL 0 0.125 0.25 0.5
Miles
BAYSIDE PARK
4 BURLINGAME INTERMEDIATE SCHOOL
MILLS ESTATE PARK 101
Burlingame San Mateo Exhibit IV-7
SAFETY COMPATIBILITY ZONESM I L L O S U R LADY OF ANGELS ELEMENTARY SCHOOL VICTORIA PARK Comprehensive Airport Land Use Plan
for the Environs of San Francisco International Airport
POPLAR CREEK GOLF COURSE
ALPINE PARKSISTERS OF MERCY
BURLINGAME FIRE STATION 34
PALOMA PARK BURLINGAME HIGH SCHOOL
WASHINGTON PARK C/CAG
SHORELINE PARK
COOLIDGE GRAMMAR SCHOOL
MILLS CANYON PARK
Hillsborough City/County Association of GovernmentsSAN MATEO PERFORMING ARTS CENTER
WASHINGTON ELEMENTARY SCHOOLBURLINGAME CITY HALL
MCKINLEY ELEMENTARY SCHOOL
HARBOR VIEW PARKCUERNAVACA PARK BURLINGAME FIRE STATION 35ROOSEVELT ELEMENTARY SCHOOL SAN MATEO HIGH SCHOOL of San Mateo County, California
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SOUTH SAN FRANCISCO HIGH SCHOOL
East of 101
Area Plan101
101
South San Francisco
SAN BRUNO TOWNE CENTER
GOLDEN GATE
NATIONAL
CEMETERY 4
3 SHOPS AT TANFORAN
U.S. Navy Site
THE CROSSINGS
Specific Plan Area
2 U n i n c .WALNUT STSIERRA MORENA SCHOOL
380
KAISER PERMANENTE MEDICAL CENTER
3 1San Bruno 5
San Bruno Transit
Corridors Plan
DECIMA M. ALLEN ELEMENTARY SCHOOL
BELLE AIR ELEMENTARY SCHOOL
EDGEMONT SCHOOL
5 U n i n c . 10182
PARKSIDE INTERMEDIATE SCHOOL
LEGEND
Safety Compatibility Zones Planned Land Use Per General Plans Public
Sources:
1 - Runway Protection Zone-Object Free Area
2 - Inner Approach/Departure Zone
3 - Inner Turning Zone
4 - Outer Approach/Departure Zone
5 - Sideline Zones
Local Plans:
- San Bruno General Plan, December 2008
- South San Francisco General Plan, 1998
Multi-Family Residential
Single Family Residential
Mixed UseInternal boundaries of ALP-defined areas
Specific Plan Area Transit Oriented Development
CommercialAirport Property
BART Station
CALTRAIN Station
School
Industrial, Transportation, and Utilities
Local Park, Golf Course, Cemetery
Regional Park or Recreation Area
Open Space
Exhibit IV-8
SAFETY COMPATIBILITY ZONES
IN THE CITIES OF SOUTH SAN FRANCISCO
AND SAN BRUNOPlace of Worship
Hospital Comprehensive Airport Land Use PlanNORTH for the Environs of San Francisco International AirportMunicipal Boundary Railroad C/CAG
City/County Association of GovernmentsFreeway 0 0.125 0.25 0.5 Miles of San Mateo County, CaliforniaMajor Road
Road
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 Exhibit IV-9 depicts the safety zones off the south end of Runways 1L-19R and 1R-19L. In Zone 1, the RPZs have a 500-foot inner width, 1,010-foot outer width and 1,700-foot length. Zone 2 (the IADZ) extends 4,300 feet from the outer edge of the RPZ and is 1,500 feet wide, centered on the extended runway centerline. Zone 3 (the ITZ) extends 6,000 feet from the inner edge of each RPZ. On the east side, Zone 3 is fanned 70 degrees east of the extended runway centerline. This reflects the left departure turns made by nearly all aircraft taking off on Runways 19L and 19R and 19R.10 Zone 4, the OADZ, extends 4,000 feet beyond the end of Zone 2.
SP-2 SAFETY COMPATIBILITY LAND USE CRITERIA
The land use compatibility criteria for safety are established in Table IV-2. The safety compatibility criteria are generally based on the guidelines provided in the California Airport Land Use Planning Handbook, although modifications have been made in recognition of the intense level of existing development in the airport vicinity. See Appendix E for a discussion of the factors that were considered in establishing the safety compatibility policies.
The criteria include two categories – uses that are incompatible and uses that should be avoided in the respective zones.
Incompatible Uses – uses that are incompatible within the safety zone.
Uses to be Avoided – uses that should not be allowed in the safety zone unless no feasible alternative is available, as determined by the land use agency with permitting authority. Where these uses are allowed, habitable structures shall be provided with at least 50 percent more exits than required by applicable codes. If the 50 percent calculation results in a fraction, the fractional number shall be rounded up to the next whole number.
ZONE 1 – RUNWAY PROTECTION ZONE AND OBJECT FREE AREA (RPZ-OFA) Zone 1 is the zone where the accident risk is highest. At SFO, the RPZs for Runways 10R and 10L are on Airport property or on public highway right-of-way. Most of the RPZs for Runways 1L and 1R are on Airport property or public right-of-way. Part of the RPZs lie in Bayside Park and small areas extend onto private property. All of the OFAs (Object Free Areas) are on Airport property.
The compatibility criteria presented in Table IV-2 declare that all new structures in Zone 1 are incompatible. All but very low intensity nonresidential uses, at the outer edges of the RPZs, are to be avoided. Examples of potentially acceptable nonresidential uses include parking lots and outdoor equipment storage. 10 All published instrument departure procedures for Runways 19L and 19R require aircraft to turn left immediately after takeoff. http://www.airnav.com/airport/KSFO, accessed February 20, 2012.
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 U n i n c .
5CAPUCHINO HIGH SCHOOL
5 MILLBRAE NURSERY SCHOOL
U n i n c .
101
SAINT DUNSTANS ELEMENTARY SCHOOL
1 BAYSIDE PARK BAYFRONT PARK
MILLBRAE CITY HALL
82 Millbrae Station
Area Specific Plan
3 CENTRAL PARK
Burlingame Bayfront
Specific Area Plan
MILLBRAE SERRA
CONVALESCENT
HOSPITALMillbrae
TAYLOR MIDDLE SCHOOL ENGLISH AS A
SECOND LANGUAGE
INSTITUTE
32 North Burlingame/Rollins Road
Specific Plan
MILLS HIGH SCHOOL
R PENINSULA HOSPITAL
SPRING VALLEY ELEMENTARY SCHOOL
Burlingame
COOLIDGE GRAMMAR SCHOOLFRANKLIN ELEMENTARY SCHOOL
BURLINGAME INTERMEDIATE SCHOOL
LINCOLN ELEMENTARY SCHOOL
4 MILLS ESTATE PARK
OUR LADY OF ANGELS ELEMENTARY SCHOOL
82 SISTERS OF MERCY
MILLS CANYON PARK
CUERNAVACA PARK BURLINGAME FIRE STATION 35 ROOSEVELT ELEMENTARY SCHOOL LEGEND
Safety Compatibility Zones Planned Land Use Per General Plans Public
Sources:
1 - Runway Protection Zone-Object Free Area
2 - Inner Approach/Departure Zone
3 - Inner Turning Zone
4 - Outer Approach/Departure Zone
5 - Sideline Zones
Local Plans:
- San Bruno General Plan, December 2008
- South San Francisco General Plan, 1998
Multi-Family Residential
Single Family Residential
Mixed UseInternal boundaries of ALP-defined areas
Specific Plan Area Transit Oriented Development
CommercialAirport Property
BART Station
CALTRAIN Station
School
Industrial, Transportation, and Utilities
Local Park, Golf Course, Cemetery
Regional Park or Recreation Area
Open Space
ExhibitIV-9
SAFETY COMPATIBILITY ZONES
IN THE CITIES OF BURLINGAME AND MILLBRAE
Comprehensive Airport Land Use Plan
for the Environs of San Francisco International Airport Place of Worship
Hospital NORTH
Municipal Boundary
Railroad C/CAG
City/County Association of GovernmentsFreeway 0 0.125 0.25 0.5 Miles of San Mateo County, CaliforniaMajor Road
Road
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 Table IV-2 (1 of 2) Safety Compatibility Criteria
LAND USE CRITERIA
AVOID1/ZONE INCOMPATIBLE1/
Zone 1: Runway Protection Zone and Object Free Area (RPZ-OFA) All new structures3/ Nonresidential uses except
very low intensity uses4/ in
the “controlled activity
area.” 2/
Places of assembly not in structures
Hazardous uses2/
Critical public utilities2/
Zone 2: Inner Approach/Departure Zone (IADZ)
Children’s schools2/ ---
Large child day care centers and noncommercial
employer-sponsored centers ancillary to a place
of business2/
Hospitals, nursing homes
Hazardous uses2/
Critical public utilities2/
Theaters, meeting halls, places of assembly seating
more than 300 people
Stadiums, arenas
Zone 3: Inner Turning Zone (ITZ)
Zone 4: Outer Approach/Departure Zone (OADZ)
Zone 5: Sideline Zone (SZ)
Biosafety Level 3 and 4 facilities 2/
Children’s schools 2/
Hazardous uses other than
Biosafety Level 3 and 4
facilities2/
Large child day care centers 2/
Hospitals, nursing homes
Stadiums, arenas
Critical public utilities2/
Biosafety Level 3 and 4 facilities2/
Children’s schools 2/
Hazardous uses other than
Biosafety Level 3 and 4
facilities 2/
Large child day care centers 2/
Hospitals, nursing homes
Stadiums, arenas
Critical public utilities2/
Children’s schools2/ ---
Large child day care facilities and noncommercial
employer-sponsored centers ancillary to a place
of business
Hospitals, nursing homes
Hazardous uses2/
Critical public utilities2/
Stadiums, arenas
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 Table IV-2 (2 of 2) Safety Compatibility Criteria
Notes:
1/ Avoid: Use is not fully compatible and should not be permitted unless no feasible alternative is available. Where use is allowed, habitable structures shall be provided with at least 50 percent more exits than required by applicable codes. Where the 50-percent factor results in a fraction, the number of additional exits shall be rounded to the next highest whole number.
Incompatible Use is not compatible in the indicated zones and cannot be permitted. 2/ Definitions
o Biosafety Level 3 and 4 facilities: Medical and biological research facilities involving the storage and processing of extremely toxic or infectious agents.
See Policy SP-3 for additional detail.
o
o
Children’s schools: Public and private schools serving preschool through grade 12, excluding commercial services.
Controlled Activity Area: The lateral edges of the RPZ, outside the Runway Safety Area (RSA) and the extension of the RSA, which extends to the outer edge of the RPZ. See FAA Advisory Circular 150/5300-13, Airport Design, Section 212a.(1)(b). o
o
o
Critical public utilities: Facilities that, if disabled by an aircraft accident, could lead to public safety or health emergencies. They include the following:
electrical power generation plants, electrical substations, wastewater treatment plants, and public water treatment facilities.
Hazardous uses: Uses involving the manufacture, storage, or processing of flammable, explosive ,or toxic materials that would substantially aggravate the consequences of an aircraft accident. See Policy SP-3 for additional detail.
Large child day care centers: Commercial facilities defined in accordance with Health and Safety Code, Section 1596.70, et seq., and licensed to serve 15 or more children. Family day care homes and noncommercial employer-sponsored facilities ancillary to place of business are allowed. 3/
4/
Structures serving specific aeronautical functions are allowed, in compliance with applicable FAA design standards.
Examples include parking lots and outdoor equipment storage.
SOURCE: Ricondo & Associates, Inc., June 2012.
PREPARED BY: Ricondo & Associates, Inc., June 2012.
ZONE 2 -- INNER APPROACH/DEPARTURE ZONE (IADZ)
In Zone 2, the IADZ, a variety of uses that involve hazardous materials, critical public utilities, theaters, meeting halls, places of assembly seating more than 300 people, stadiums, arenas, and those accommodating potentially vulnerable populations – such as children’s schools, child day care facilities, hospitals, and nursing homes – are incompatible.
ZONE 3 -- INNER TURNING ZONE (ITZ)
The compatibility criteria in Zone 3, the ITZ, are somewhat less restrictive than in Zone 2. This is because the area is subject to less accident risk by virtue of the lower density of overflights in this area. In Zone 3, stadiums, arenas, and uses accommodating potentially vulnerable populations are incompatible. Hazardous uses and critical public utilities are not incompatible in Zone 3, but are classified as uses to be avoided. This means that they should not be permitted unless no feasible alternative is available.
ZONE 4 - OUTER APPROACH/DEPARTURE ZONE (OADZ)
The compatibility criteria in Zone 4,the OADZ, are the same as in Zone 3.
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 ZONE 5 – SIDELINE ZONE (SZ)
The compatibility criteria in Zone 5 are the same as those in Zone 2.
SP-3 HAZARDOUS USES
Hazardous uses, facilities involving the manufacture, processing, or storage of hazardous materials, can pose serious risks to the public in case of aircraft accidents. Hazardous materials of particular concern in this ALUCP, and which are covered by the safety compatibility criteria in Table IV-2, are the following:
A. Aboveground fuel storage — This includes storage tanks with capacities greater than 10,000 gallons of any substance containing at least 5 percent petroleum. 11 Project sponsors must provide evidence of compliance with all applicable regulations prior to the issuance of development permits.
B. Facilities where toxic substances are manufactured, processed or stored — Proposed land use projects involving the manufacture or storage of toxic substances may be allowed if the amounts of the substances do not exceed the threshold planning quantities for hazardous and extremely hazardous substances specified by the EPA.12
C. Explosives and fireworks manufacturing and storage — Proposed land use projects involving the manufacture or storage of explosive materials may be allowed in safety zones only in compliance with the applicable regulations of the California Division of Occupational Safety and Health (Section 5252, Table EX-1). Project sponsors must provide evidence of compliance with applicable state regulations prior to the issuance of any development permits.13 D. Medical and biological research facilities handling highly toxic or infectious agents — These facilities are classified by “Biosafety Levels.” 14 Biosafety Level 1 does not involve hazardous materials and is not subject to the restrictions on hazardous uses in Table IV-2. Definitions of the other three biosafety levels are quoted from Biosafety in Microbiological and Biomedical Laboratories, below.15
a. Biosafety Level 2 practices, equipment, and facility design and construction are applicable to clinical, diagnostic, teaching, and other laboratories in which work is done with the broad spectrum of indigenous moderate-risk agents that are present in the community 11 12
13 State of California, California Health and Safety Code, Section 25270 (Aboveground Petroleum Storage Act).
Title 40 Code of Federal Regulations Part 355, Subpart D, Appendices A & B.
California Code of Regulations, Title 8, Subchapter 7 General Industry Safety Orders, Group 18 Explosives and Pyrotechnics, Article 114 Storage of Explosives.
14 15
Biosafety in Microbiological and Biomedical Laboratories, 5th Edition, 2009, published by the U.S. Department of Health and Human Services in concert with the Public Health Service, Centers for Disease Control and Prevention, and National Institutes of Health, or any successor publication.
Biosafety in Microbiological and Biomedical Laboratories, 5th Edition, 2009, published by the U.S. Department of Health and Human Services in concert with the Public Health Service, Centers for Disease Control and Prevention, and National Institutes of Health, pp. 25-26.
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b. Biosafety Level 3 practices, safety equipment, and facility design and construction are applicable to clinical, diagnostic, teaching, research, or production facilities in which work is done with indigenous or exotic agents with a potential for respiratory transmission, and which may cause serious and potentially lethal infection. c. Biosafety Level 4 practices, safety equipment, and facility design and construction are applicable for work with dangerous and exotic agents that pose a high individual risk of life-threatening disease, which may be transmitted via the aerosol route and for which there is no available vaccine or therapy.
4.5 Airspace Protection
The compatibility of proposed land uses with respect to airspace protection shall be evaluated in accordance with the policies set forth in this section. These policies are established with a twofold purpose:
1. To protect the public health, safety, and welfare by minimizing the public’s exposure to potential safety hazards that could be created through the construction of tall structures.
2. To protect the public interest in providing for the orderly development of SFO by ensuring that new development in the Airport environs avoids compromising the airspace in the Airport vicinity. This avoids the degradation in the safety, utility, efficiency, and air service capability of the Airport that could be caused by the attendant need to raise visibility minimums, increase minimum rates of climb, or cancel, restrict, or redesign flight procedures.
4.5.1 FEDERAL REGULATIONS REGARDING TALL STRUCTURES
14 Code of Federal Regulations (CFR) Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace, governs the FAA’s review of proposed construction exceeding certain height limits, defines airspace obstruction criteria, and provides for FAA aeronautical studies of proposed construction. Appendix F describes the FAA airspace review process and the extent of FAA authority related to airspace protection.
4.5.2 PART 77, SUBPART B, NOTIFICATION PROCESS
Federal regulations require any person proposing to build a new structure or alter an existing structure with a height that would exceed the elevations described in CFR Part 77, Subpart B, Section 77.9, to prepare an FAA Form 7460-1, Notice of Proposed Construction or Alteration, and submit the notice to the FAA. The regulations apply to buildings and other structures or portions of structures, such as mechanical equipment, flag poles, and other projections that may exceed the aforementioned elevations.
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 and associated with human disease of varying severity.
b. Biosafety Level 3 practices, safety equipment, and facility design and construction are applicable to clinical, diagnostic, teaching, research, or production facilities in which work is done with indigenous or exotic agents with a potential for respiratory transmission, and which may cause serious and potentially lethal infection. c. Biosafety Level 4 practices, safety equipment, and facility design and construction are applicable for work with dangerous and exotic agents that pose a high individual risk of life-threatening disease, which may be transmitted via the aerosol route and for which there is no available vaccine or therapy.
4.5 Airspace Protection
The compatibility of proposed land uses with respect to airspace protection shall be evaluated in accordance with the policies set forth in this section. These policies are established with a twofold purpose:
1. To protect the public health, safety, and welfare by minimizing the public’s exposure to potential safety hazards that could be created through the construction of tall structures.
2. To protect the public interest in providing for the orderly development of SFO by ensuring that new development in the Airport environs avoids compromising the airspace in the Airport vicinity. This avoids the degradation in the safety, utility, efficiency, and air service capability of the Airport that could be caused by the attendant need to raise visibility minimums, increase minimum rates of climb, or cancel, restrict, or redesign flight procedures.
4.5.1 FEDERAL REGULATIONS REGARDING TALL STRUCTURES
14 Code of Federal Regulations (CFR) Part 77, Safe, Efficient Use and Preservation of the Navigable Airspace, governs the FAA’s review of proposed construction exceeding certain height limits, defines airspace obstruction criteria, and provides for FAA aeronautical studies of proposed construction. Appendix F describes the FAA airspace review process and the extent of FAA authority related to airspace protection.
4.5.2 PART 77, SUBPART B, NOTIFICATION PROCESS
Federal regulations require any person proposing to build a new structure or alter an existing structure with a height that would exceed the elevations described in CFR Part 77, Subpart B, Section 77.9, to prepare an FAA Form 7460-1, Notice of Proposed Construction or Alteration, and submit the notice to the FAA. The regulations apply to buildings and other structures or portions of structures, such as mechanical equipment, flag poles, and other projections that may exceed the aforementioned elevations.
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 Exhibit IV-10 depicts the approximate elevations at which the 14 CFR Part 77 notification requirements would be triggered; see Exhibit IV-11 for a close-up view of the northern half and Exhibit IV-12 for a close-up view of the southern half of the area. These exhibits are provided for informational purposes only. Official determinations of the areas and elevations within which the federal notification requirements apply are subject to the authority of the FAA.
The FAA is empowered to require the filing of notices for proposed construction based on considerations other than height. For example, in some areas of complex airspace and high air traffic volumes, the FAA may be concerned about the potential for new construction of any height to interfere with electronic navigation aids. In these areas, the FAA will want to review all proposed construction projects.
The FAA has developed an on-line tool for project sponsors to use in determining whether they are required to file a Notice of Proposed Construction or Alteration. Sponsors of proposed projects are urged to refer to this website to determine whether they are required to file Form 7460-1 with the FAA:
https://oeaaa.faa.gov/oeaaa/external/gisTools/gisAction.jsp?action=showNoNoticeRequiredToolForm
4.5.3 AIRSPACE MAPPING
Part 77, Subpart C, establishes obstruction standards for the airspace around airports including approach zones, conical zones, transitional zones, and horizontal zones known as “imaginary surfaces.” Exhibit IV-13 depicts the Part 77 Civil Airport Imaginary Surfaces at SFO. The imaginary surfaces rise from the primary surface, which is at ground level immediately around the runways. The surfaces rise gradually along the approach slopes associated with each runway end and somewhat more steeply off the sides of the runways. The FAA considers any objects penetrating these surfaces, whether buildings, trees or vehicles travelling on roads and railroads, as obstructions to air navigation.
Obstructions may occur without compromising safe air navigation, but they must be marked, lighted, and noted on aeronautical publications to ensure that pilots can see and avoid them.
Close-up views of the north and south sides of the Part 77 surfaces are provided in Exhibit IV-14 and Exhibit IV-15, respectively. Additionally, Exhibit IV-16 provides an illustration of the outer approach and transitional surfaces located on the southeast side of the Part 77 surfaces.
Together with its tenant airlines, SFO has undertaken a mapping effort to illustrate the critical aeronautical surfaces that protect the airspace required for multiple types of flight procedures such as those typically factored into FAA aeronautical studies, as shown on Exhibit IV-17 and Exhibit IV-18. These aeronautical surfaces include those established in accordance with FAA Order 8260.3B, U.S. Standard for Terminal Instrument Procedures (TERPS), and a surface representing the airspace required for One-Engine Inoperative (OEI) departures from Runway 28L (to the west through the San Bruno Gap). 16 The exhibits depict the lowest elevations from the combination of the OEI procedure surface and all TERPS surfaces. The surfaces are defined with Required Obstacle Clearance (ROC) criteria to ensure safe separation of aircraft using the procedures from the underlying obstacles. Any proposed structures penetrating these surfaces are likely to receive Determinations of Hazard (DOH) from the FAA through the 7460-1 aeronautical study process. These surfaces indicate the maximum height at which structures can be considered compatible with Airport operations.
16 See Appendix F, Section F.3.2 for a discussion of one-engine inoperative procedures.
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 San Francisco LEGEND
82 A
C
100 Elevation of critical aeronautical surfaces, feet
Above Mean Sea Level (AMSL), North American
Vertical Datum of 1988 (NAVD88)
A
B
C
Elevation of critical aeronautical surfaces, feet AMSL (represented on plan with contours) Elevation of terrain, feet AMSL
VDBLLY
DAHNJO Height of Critical Aeronautical Surfaces, Feet Above Ground Level (AGL)Height of critical aeronautical surfaces,feet AGL (represented on plan with color gradient) 280 35 and lower
35- 65A B = CCalculated as -
Broadmoor 65 - 100
Brisbane Critical
aeronautical
surfaces
100 - 150
150 and more82 S Sa a n n B Br ru u n no o M Mt t S St ta at t e e & & C C n nt ty y P Pa a r rk k Daly City Airport Property
Ground level
(Terrain) BART Station
Colma CALTRAIN Station35 C
B
Regional Park or Recreation Area
Municipal Boundary
Railroad
A
A
1 82
AIRPORT
Mean sea level
Freeway
Road
V
1011
South San Francisco
280
E G Notes:
1. This map is intended for informational and conceptual planning purposes, generally representing the aeronautical surfaces considered most critical by San Francisco101 International Airport (SFO) and its constituent airlines. It does not represent actual survey data, nor should it be used as the sole source of information regarding compatibility with airspace clearance requirements in the development of data for an FAA Form 7460-1, Notice of Proposed Construction or Alteration.
SFO does not certify its accuracy, information, or title to the properties contained in this plan. SFO does make any
warrants of any kind, express or implied, in fact or by law, with respect to boundaries, easements, restrictions, claims, overlaps, or other encumbrances affecting such properties.380
2. This map does not replace the FAA's obstruction evaluation / airport airspace analysis (OE/AAA) review process. Proposing construction at elevations and heights that are lower than the critical aeronautical surfaces shown on this map, (a) does not relieve the construction sponsor of the obligation to file an FAA Form 7460-1, and (b) does not ensure that the proposal will be acceptable to the FAA, SFO, air carriers, or other agencies or stakeholders. SFO, San Mateo County, and local authorities having jurisdiction reserve the right to re-assess, review, and seek modifications to projects that may be consistent with this critical aeronautical surfaces map but that through the FAA OE/AAA process are found to have unexpected impacts to the safety or efficiency of operations at SFO.
San Bruno
Pacifica
G G o oll d de e n n G Ga a t te e N Na a t tiio o n na a ll R Re ec c A Ar re e a a 101 Sources: San Francisco International Airport, Jacobs
Consultancy, and Planning Technology Inc., 20091
NORTH
S Sa an n A An nd dr re ea as s L La ak ke e Millbrae Burlingame 0 0.25 0.5 1
101 Miles
Exhibit IV-17
CRITICAL AERONAUTICAL SURFACES
-- NORTHWEST SIDE
San Mateo Comprehensive Airport Land Use Plan
for the Environs of San Francisco International Airport S Sa a n n P Pe e d dr ro o V Va a llll e e y y C Co ou u n nt t y y P Pa a r rk k M M c cN Ne e e e R Ra an n c ch h S St ta a t te e P Pa ar rk k C/CAG
City/County Association of Governments
of San Mateo County, California
280
Hillsborough Foster CityMontara
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 Exhibit IV-19, which is provided for information purposes only, depicts a profile view of the lowest critical airspace surfaces along the extended centerline of Runway 10L-28R – the TERPS Obstacle Departure Procedure (ODP) surface, representing standard all-engines departures, and the approximate OEI surface developed by SFO through independent study in consultation with the airlines serving SFO. The exhibit also shows the terrain elevation beneath the airspace surfaces and various aircraft approach and departure profiles, based on varying operating assumptions. The exhibit illustrates a fundamental principle related to the design of airspace protection surfaces. The surfaces are always designed below the actual aircraft flight profile which they are designed to protect, thus providing a margin of safety.
Note that the ODP climb profile is above the ODP airspace surface, and the OEI climb profile is above the OEI airspace surface.
4.5.4 AIRSPACE PROTECTION POLICIES
The following airspace protection policies (AP) shall apply to the ALUCP.
AP-1 COMPLIANCE WITH 14 CFR PART 77, SUBPART B, NOTICE OF PROPOSED
CONSTRUCTION OR ALTERATION
AP-1.1 Local Government Responsibility to Notify Project Sponsors Local governments should notify sponsors of proposed projects at the earliest opportunity to file Form 7460-1, Notice of Proposed Construction or Alteration, with the FAA for any proposed project that would exceed the FAA notification heights, as shown approximately on Exhibit IV-10. Under Federal law, it is the responsibility of the project sponsor to comply with all notification and other requirements described in 14 CFR Part 77. This requirement applies independent of this ALUCP.
AP-1.2 FAA Aeronautical Study Findings Required Before Processing Development Application
The sponsor of a proposed project that would exceed the FAA notification heights, as shown approximately on Exhibit IV-10, shall present to the local government permitting agency with his or her application for a development permit, a copy of the findings of the FAA’s aeronautical study, or evidence demonstrating that he or she is exempt from having to file an FAA Form 7460-1. It is the responsibility of the local agency to consider the FAA determination study findings as part of its review and decision on the proposed project.
AP-2 COMPLIANCE WITH FINDINGS OF FAA AERONAUTICAL STUDIES Project sponsors shall be required to comply with the findings of FAA aeronautical studies with respect to any recommended alterations in the building design and height and any recommended marking and lighting of their structures for their proposed projects to be deemed consistent with this ALUCP.
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 AP-3 MAXIMUM COMPATIBLE BUILDING HEIGHT
In order to be deemed consistent with the ALUCP, the maximum height of a new building must be the lower of (1) the height shown on the SFO critical aeronautical surfaces map (Exhibits IV-17 and IV-18), or (2) the maximum height determined not to be a “hazard to air navigation” by the FAA in an aeronautical study prepared pursuant to the filing of Form 7460-1.
For the vast majority of parcels, the height limits established in local zoning ordinances are lower than the critical airspace surfaces. In those cases, the zoning district height regulations will control. Compliance with the zoning district height and the SFO critical aeronautical surfaces map, however, does not relieve the construction sponsor of the obligation to file a FAA Form 7460-1 Notice of Proposed Construction or Alteration, if required, and to comply with the determinations resulting from the FAA’s aeronautical study.
For a project to be consistent with this ALUCP, no local agency development permits shall be issued for any proposed structure that would penetrate the aeronautical surfaces shown on Exhibits IV-17 and IV-18 or the construction of which has not received a Determination of No Hazard from the FAA, or which would cause the FAA to increase the minimum visibility requirements for any instrument approach or departure procedure at the Airport.
AP-4 OTHER FLIGHT HAZARDS ARE INCOMPATIBLE
Proposed land uses with characteristics that may cause visual, electronic, or wildlife hazards, particularly bird strike hazards, to aircraft taking off or landing at the Airport or in flight are incompatible in Area B of the Airport Influence Area. They may be permitted only if the uses are consistent with FAA rules and regulations. Proof of consistency with FAA rules and regulations and with any performance standards cited below must be provided to the Airport Land Use Commission (C/CAG Board) by the sponsor of the proposed land use action.
Specific characteristics that may create hazards to aircraft in flight and which are incompatible include:
(a) Sources of glare, such as highly reflective buildings or building features, or bright lights, including search lights or laser displays, which would interfere with the vision of pilots making approaches to the Airport.
(b) Distracting lights that that could be mistaken by pilots on approach to the Airport for airport identification lighting, runway edge lighting, runway end identification lighting, or runway approach lighting.
(c) Sources of dust, smoke, or water vapor that may impair the vision of pilots making approaches to the Airport.
(d) Sources of electrical interference with aircraft or air traffic control communications or navigation equipment, including radar.
(e) Land uses that, as a regular byproduct of their operations, produce thermal plumes with the potential to rise high enough and at sufficient velocities to interfere with the control of aircraft in Comprehensive Airport Land Use Compatibility Plan
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DocuSign Envelope ID: D2230223-9E42-415B-BC21-1A07A519EA52 THE CITY/COUNTY ASSOCIATION OF GOVERNMENTS OF SAN MATEO COUNTY NOVEMBER 2012 flight. Upward velocities of 4.3 meters (14.1 feet) per second at altitudes above 200 feet above the ground shall be considered as potentially interfering with the control of aircraft in flight.17 (f) Any use that creates an increased attraction for wildlife, particularly large flocks of birds, that is inconsistent with FAA rules and regulations, including, but not limited to, FAA Order 5200.5A, Waste Disposal Sites On or Near Airports, FAA Advisory Circular 150/5200-33B, Hazardous Wildlife Attractants On or Near Airports, and any successor or replacement orders or advisory circulars. Exceptions to this policy are acceptable for wetlands or other environmental mitigation projects required by ordinance, statute, court order, or Record of Decision issued by a federal agency under the National Environmental Policy Act.
4.5.5 iALP AIRSPACE TOOL
In consultation with C/CAG, SFO developed the iALP Airspace Tool, a web-based, interactive tool to evaluate the relationship of proposed buildings with the Airport’s critical airspace surfaces. The iALP Airspace Tool is designed to assist planners, developers, and other interested persons with the implementation of the airspace protection policies of the SFO ALUCP. The tool helps users determine: (1) the maximum allowable building height at a given site, and/or (2) whether a building penetrates a critical airspace surface, and by how much, given the proposed building height.
A more detailed description of the iALP Airspace Tool and a tutorial explaining how to use it is presented in Appendix J. Use of this tool, however, does not relieve a project sponsor of the duty to comply with all federal regulations, including the obligation to file Form 7460-1, Notice of Proposed Construction or Alteration, with the FAA. 17 This is a threshold established by the California Energy Commission in its review of power plant licensing applications. See Blythe Solar Power Project:
Supplemental Staff Assessment, Part 2,. CEC-700-2010-004-REV1-SUP-PT2, July 2010. California Energy Commission. Docket Number 09-AFC-6, p.
25. This criterion is based on guidance established by the Australian Government Civil Aviation Authority (Advisory Circular AC 139-05(0), June 2004). The FAA’s Airport Obstructions Standards Committee (AOSC) is studying this matter but has not yet issued specific guidance.
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AERONAUTICS PROGRAM
DIVISION OF TRANSPORTATION PLANNING
P.O. BOX 942874, MS–40 | SACRAMENTO, CA 94273-0001
(916) 654-4959
www.dot.ca.gov
May 9, 2024
Mr. Michael Smith, Senior Planner
City of San Bruno
Community & Economic Development Department
567 El Camino Real
San Bruno, CA 94066-4299
Electronically submitted [email protected]
Dear Mr. Smith:
Thank you for notifying the California Department of Transportation (Caltrans), Aeronautics, of the proposed overrule by the City of San Bruno (City). The City is proposing to overrule Resolution 24-11 of the City/County Association of Governments of San Mateo County (C/CAG) Airport Land Use Committee (ALUC), for the San Francisco International Airport (SFO).
On April 10, 2024, Caltrans received an email notification in accordance with Sections 21676(b) and 21676.5(a) of the California Public Utilities Code that the City Council of the City of San Bruno directed the City Manager at their meeting on April 9, 2024, to provide notice of a proposed override decision by the City Council. This is an override of the C/CAG’s ALUC determination of inconsistency on March 14, 2024 of the noise policies of the Comprehensive Airport Land Use Compatibility Plan for the Environs of San Francisco International Airport (ALUCP) regarding the Draft 2023-2031 Housing Element Update.
The proposed General Plan and Navy Site Specific Plan Amendments and Rezoning of 1101, 1150, and 1151 El Camino Real and 1292 Huntington Ave project (Project) consists of four sites near the San Bruno BART Station which require a combination of rezonings and plan amendment to permit housing. The Project sites include the Shops at Tanforan (1150 El Camino Real), the Tanforan overflow parking lot (1292 Huntington Ave.), the San Bruno Pet Hospital (1101 El Camino Real), and Russo Dental (1151 El Camino Real). The proposed Project sites are within the Airport Influence Area (AIA) of SFO as defined in the ALUCP, with much of the Project located within ALUCP’s Safety Compatibility Zone 4, the Outer Approach/Departure Zone. All four sites are located within SFO ALUCP “Provide a safe and reliable transportation network that serves all people and respects the environment”
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Mr. Michael Smith, Senior Planner
May 9, 2024