Chapter 17.28 — PD PLANNED DEVELOPMENT DISTRICT

PD planned development district (hereinafter referred to as the "PD district") is included in the zoning ordinance to achieve the following purposes:

A.

To provide a permit process for implementation of a specific plan which as been adopted for a particular site or geographic area of the city, including the review and approval of land uses, site development plans, infrastructure improvements, architectural designs, environmental protection measures, and performance standards for operation of allowable uses;

B.

To ensure that development of the vacant land areas within the city is conducted in a coordinated manner, consistent with the established land use objectives and policies set forth in the general plan and the applicable specific plan, while at the same time providing a flexible mechanism for development of distinct portions of such vacant land areas;

C.

To promote the beneficial use of certain areas of the city that present unique problems and development constraints by reason of their size, location, environmental setting, lack of infrastructure improvements, and potential impact upon neighboring districts; and

D.

To enable appropriate responses to future conditions and circumstances through the exercise of continuing jurisdiction over the development, use and operation of property which is regulated by the PD permit.

(Ord. 448 § 1(part), 2000).

A.

Applications for a PD permit may only be submitted with respect to property which is included within a PD district and within the boundaries of a specific plan prepared and adopted in accordance with Section 65450 of the Government Code. As used in this chapter, the term "specific plan" shall mean the adopted specific plan that would be implemented, in whole or in part, by the PD permit.

B.

The property which is the subject of the PD permit application may consist of any portion or all of the area covered by the specific plan. Where the application for the PD permit covers property which does not correspond with the lot lines of existing lots of record, the permit application may be combined with appropriate applications for subdivision of a larger parcel or lot line adjustments to existing parcels, if such boundary changes would be consistent with the specific plan.

C.

The approving authority may issue any number of individual PD permits relating to property which is the subject of a single specific plan. Each individual permit shall indicate the extent to which the project authorized by such permit shall be responsible for implementation of the objectives and requirements for the entire area covered by the specific plan, including, but not limited to, infrastructure improvements, open space, and public facilities.

(Ord. 448 § 1(part), 2000).

No uses may be conducted and no buildings or other structures shall be constructed, installed, altered, enlarged, moved or used upon any property for which a PD permit is required except as specifically authorized by and in conformity with the terms and conditions of such permit. Notwithstanding the foregoing, nothing herein shall prevent or restrict the installation of any structure or equipment or the conduct of any activities for the purpose of testing, investigation, remediation, or monitoring of existing conditions on the property, as determined by the city engineer.

(Ord. 448 § 1(part), 2000).

17.28.040 - Application for PD permit.

A.

Contents of Application. Application for a PD permit shall be filed with the planning director on such form as the planning director shall prescribe. The application shall include such of the following items as the planning director deems appropriate in order to evaluate and process the application:

1.

A detailed site plan of the land area to be covered by the PD permit, drawn to scale, showing the exact location of the existing or proposed lot lines, the location of all buildings and other improvements on the site, including streets, sidewalks, pathways, parking and loading areas, and the location of parks, recreation facilities, landscaped areas, and open space, as applicable;

2.

A topographic map of the site showing existing and proposed contour lines at an interval of not more than one foot in areas of cross slope less than five percent (5%); not more than two (2) feet in areas of cross slope between five percent (5%) and ten percent (10%); and five (5) feet in areas of cross slope in excess of ten percent (10%). The topographic map shall extend at least fifteen (15) feet beyond the boundary lines of the site;

Designation of land uses to be conducted on the site, including the location on the site and the amount of floor area to be occupied by each individual use;

4.

Architectural drawings showing the elevations of all structures as they will appear upon completion. The drawings shall include a description of all exterior surfacing materials and their colors. At the request of the planning director, material and color samples shall also be provided;

5.

For covered projects as defined by Section 15.80.030, green building documentation per Section 15.80.060(A) sufficient to be approved per Section 15.80.060(C);

6.

Calculation of the total coverage on the site, including a breakdown of the amount of coverage to be occupied by structures, parking areas, streets, sidewalks and plazas, and a calculation of the total area of the site to be devoted to open space or open areas;

7.

Location and character of all existing easements and rights-of-way affecting the site together with a description of any existing utility installations or facilities;

8.

Utility plan showing the proposed on-site and off-site location and design of all utility services, including water, sanitary sewer, gas and electricity, and the manner in which such utilities will be delivered to the site. The utility plan shall also show the location and nature of all easements, installations and facilities that will be offered for dedication to the public;

9.

Grading and drainage plan, including all provisions for storm drainage and flood control;

10.

Landscape and irrigation plan showing the location and design of landscaped areas and the varieties of plant materials to be planted therein and all other landscape features;

11.

Lighting plans showing the location, design and intensity of all external lighting fixtures to be installed on the site, including ornamental fixtures along pedestrian pathways and within landscaped areas;

12.

Traffic circulation plan showing the locations of entrances and exits and the estimated traffic flow into and out of the parking and loading areas, the location and dimension of each parking and loading space, the areas for turning and maneuvering vehicles, and estimates of the traffic volumes and impacts to be created by the proposed development of the site;

13.

Geologic and soils investigation report on the site prepared by a certified engineering geologist or registered civil engineer qualified in soil mechanics;

14.

Sign program showing the location, size, design, illumination, and other features of all signs to be constructed or installed on the site;

15.

Location of all creeks, streams, watercourses, or drainage channels on the site, showing top of existing banks and creek or channel depth. If requested, cross-sections of the creek or channel shall also be furnished;

16.

A market analysis for proposed commercial developments, including projected tax revenues to the city from each of the proposed uses;

17.

Construction schedule for the proposed improvements which are the subject of the application and any offsite improvements to be constructed in connection therewith;

18.

Such other studies, drawings, reports and documents as may be requested by the planning director.

B.

Application Fee. The application shall be accompanied by the payment of a processing fee in such amount as established from time to time by resolution of the city council. Such fee may be separately calculated for each individual application in accordance with a formula or schedule based upon the size, nature, complexity, or other characteristics of the proposed development. In addition to the processing fee, the applicant shall also deposit such amounts as the planning director may require from time to time to cover the cost of any environmental investigations or reports, traffic studies, noise studies, geotechnic and engineering reports, review of green building documentation, and such other investigations and reports to be obtained by the city in connection with the processing of the application.

(Ord. 524 § 2, 2007: Ord. 448 § 1(part), 2000).

17.28.050 - Public hearing by planning commission—Notice.

The planning commission shall conduct a public hearing on the application for a PD Permit. Notice of such hearing shall be given as set forth in Chapter 17.54.

(Ord. 448 § 1(part), 2000).

(Ord. No. 612, § 10, 12-8-16)

The planning commission shall act in an advisory capacity with regard to the application for a PD permit and shall adopt, by resolution, a recommendation to the city council as to whether the PD permit application should be approved or denied. If approval of the application is recommended in whole or in part, the resolution shall include a statement of the findings made by the planning commission in accordance with Section 17.28.080, the proposed conditions of approval suggested by the planning commission, and such other matters pertaining to the application or the PD permit which the planning commission recommends be considered by the city council. If denial of the application is recommended in whole or in part, the resolution shall generally describe the reason for such recommendation but no specific findings by the planning commission are required to be made.

(Ord. 448 § 1(part), 2000).

A.

Upon receipt of the recommendation from the planning commission, the city council shall conduct a public hearing on the PD permit application and notice thereof shall be given in the same manner as prescribed in Section 17.28.050.

B.

The city council may either grant or deny the application for PD permit. The city council may also, in its discretion, refer the application or any portion thereof back to the planning commission for such further proceedings thereon as may be directed by the city council.

C.

If granted, the PD permit may be revocable, may be granted for a limited period of time, and may be granted subject to such conditions as imposed by the city council.

(Ord. 448 § 1(part), 2000).

The city council may grant a PD permit as applied for or in modified form if, on the basis of the application and the evidence submitted, the city council makes all of the following findings:

A.

The land uses and improvements authorized by the PD permit are consistent with the specific plan and the general plan.

B.

The land uses and improvements authorized by the PD permit to be established or operated on the site will not be detrimental to the public health, safety or general welfare or materially injurious to other uses or improvements in the vicinity.

C.

The project authorized by the PD permit effectively mitigates or resolves any constraints on the development of the site and serves to enhance and improve the use and occupancy of the property which is the subject of the PD permit.

D.

All of the applicable findings required for the granting of a design permit, as set forth in Chapter 17.42 of this title, can be made.

(Ord. 448 § 1(part), 2000).

The PD permit shall constitute authorization for development and use of the site in the manner specified in the permit, and may include, but shall not be limited to, any or all of the following:

A.

Designation of the specific uses that may be conducted on the site, including the quantity of lot area or floor area that may be occupied by individual uses;

B.

Design and location of all improvements to be constructed on the site, including architectural elevations and site plan establishing the structure size, height, coverage, setbacks, distances between structures, and public or private amenities, open space and open areas;

C.

Designation of streets, pedestrian pathways, easements, utility installations, parks, open space areas, recreation facilities, and other improvements or areas to be offered for dedication to the city or other public agency;

D.

Sign program, which shall comply with the requirements set forth in Chapter 17.26 of this title;

E.

Conditions for mitigation and control of adverse impacts created by construction activity authorized by the PD permit to be conducted upon the site or elsewhere;

F.

Conditions for prevention and control of potential adverse geologic impacts, including erosion, slope instability, landslide, or loss of lateral or subjacent support;

G.

Conditions and performance standards for mitigation and control of potential adverse impacts created by the operation of the authorized uses on the site, including restrictions on the type and number of commercial vehicles or equipment, restrictions on the hours of operation, and implementation of measures to control noise, glare, vibration, odors, or other effects upon neighboring properties;

H.

Conditions requiring completion of all necessary proceedings for subdivision or lot line adjustment of the property which is the subject of the PD permit;

I.

Conditions relating to compliance with the requirements of any other regulatory agencies having jurisdiction over the site, including the Regional Water Quality Control Board, the State Department of Toxic Substances Control, and the State Solid Waste Management Board.

J.

Conditions requiring provision of adequate, accessible and convenient areas for depositing, collecting and loading recyclable materials in receptacles. The area shall be located and fully enclosed so as to adequately protect neighboring uses from adverse impacts such as noise, odor, vectors, wind-blown litter or glare. The area shall be designed to prevent storm water run-on to the area and runoff from the area, and roofs shall be designed to drain away from neighboring properties. A sign clearly identifying all recycling and solid waste collection and loading areas and the materials accepted therein shall be posted adjacent to all points of direct access to the area. This requirement shall apply to all new commercial, industrial, or institutional buildings, residential buildings having five (5) or more living units, and city facilities (including buildings, structures, and outdoor recreation areas owned by the city) where solid waste is collected and loaded. This requirement shall also apply to any existing development for which building permit applications are submitted within a twelve-month period collectively adding thirty percent (30%)or more to the existing floor area of the development project. For existing developments occupied by multiple tenants, this requirement shall apply to building permit applications submitted by any tenant within a twelve-month period collectively adding thirty percent (30%)or more to the existing floor area of that portion of the development which said tenant leases. Such recycling areas shall, at a minimum, be sufficient in capacity, number, and distribution to serve that portion of the development project which said tenant leases. This requirement shall also apply to new residential subdivisions containing an area where solid waste is collected and loaded in a location which serves five or more living units. Such recycling areas are only required to serve the needs of the living units which utilize the solid waste collection and loading area.

(Ord. 448 § 1(part), 2000).

(Ord. No. 556, § 24, 2-22-11)

The PD permit shall constitute a comprehensive and integrated authorization for all uses to be conducted and all improvements to be constructed on the site and no separate use permit under Chapter 17.40, or design permit under Chapter 17.42, or sign permit under Chapter 17.36 of this title shall be required.

(Ord. 448 § 1(part), 2000).

A.

A PD permit granted pursuant to this chapter shall expire twenty-four (24) months from the date on which such permit became effective, unless prior to such expiration date a building permit is issued and construction is commenced on the site or structure constituting the subject of the PD permit, or a certificate of occupancy is issued for such site or structure, or, if no building permit or certificate of occupancy is required, the use or activity authorized by the PD permit is commenced upon the site.

B.

A PD permit may be extended for a period or periods of time not exceeding thirty-six (36) months. The application for extension shall be filed prior to the expiration date of the permit and shall be accompanied by payment of a processing fee in such amount as established from time to time by resolution of the city council. A public hearing shall be conducted on the application for extension and notice thereof shall be given in the same manner as prescribed in Section 17.28.050 of this chapter. Extension of a PD permit is not a matter of right and the approving authority may deny the application or grant the same subject to conditions. No extension shall be granted unless the approving authority is able to make all of the findings required for approval of the original permit. The application for extension may be acted upon by the planning commission unless, under the terms of the PD permit, such extension requires approval by the city council or the matter is appealed to the city council pursuant to Section 17.28.150.

(Ord. 448 § 1(part), 2000).

17.28.120 - Amendment or modification of PD permit.

A.

Amendments or modifications to a PD permit shall require approval by the city council, except as follows:

1.

The planning commission and the zoning administrator shall have authority to approve any items which, under the terms of the PD permit, have been specifically delegated to either of them for approval, either as a condition for issuance of the permit or at any time thereafter.

Minor changes during the course of construction which do not materially affect the use, nature, appearance, quality or character of the project may be approved by the zoning administrator.

3.

The relocation of a use or activity authorized by the PD permit to another location regulated by the same permit where no significant adverse impacts are created as a result of such relocation may be approved by the zoning administrator.

4.

The construction of an accessory dwelling unit or junior accessory dwelling unit in compliance with Chapter 17.43 of this title shall be approved ministerially by the zoning administrator.

B.

The application requirements, public hearing procedures and findings required for amendments or modifications to a PD permit shall be as prescribed in Sections 17.28.040, 17.28.050 and 17.28.080 of this chapter.

(Ord. 448 § 1(part), 2000).

(Ord. No. 653, § 23, 10-15-20)

17.28.130 - Continuing jurisdiction over PD permit.

A.

The city council shall, in all cases, retain continuing jurisdiction over each PD permit and may at any time, either on its own initiative or in response to an application or request to do so, modify or delete any conditions of a PD permit or impose any new conditions if the city council determines that:

1.

Such action is necessary for the implementation of the specific plan, or to preserve or promote the public health, safety or general welfare, or to protect the environment, or to prevent the creation or continuance of a public nuisance; and

2.

Such action will not violate any vested rights that may have been acquired under the PD permit, unless the modification of such rights has been requested or agreed to by the holder of the permit.

B.

A public hearing shall be conducted by the city council and notice thereof shall be given in the same manner as prescribed in Section 17.28.050 of this chapter.

(Ord. 448 § 1(part), 2000).

Subject to any vested rights that may have been acquired under a PD permit issued pursuant to this chapter, a PD permit may be revoked, in whole or in part, upon a determination by the city council that the holder of such permit has failed to comply with any conditions thereof or has violated any applicable provisions of this title. A public hearing on the revocation shall be conducted by the city council and notice thereof shall be given in the same manner as prescribed in Section 17.28.050 of this chapter.

(Ord. 448 § 1(part), 2000).

Any determination or decision by the planning commission under this chapter may be appealed to the city council in accordance with the procedure set forth in Chapter 17.52 of this title.

(Ord. 448 § 1(part), 2000).

Chapter 17.29 - DENSITY BONUSES

A.

The City of Brisbane enacts this chapter to implement the goals, objectives, and policies of the city's general plan housing element relative to administering a density bonus program to encourage the provision of housing affordable to a variety of household income levels, seniors, and persons with disabilities.

B.

This chapter is also intended to implement Sections 65915 through 65918 of the California Government Code, or successor statutes and regulations, governing density bonuses and other incentives required by such statutes or regulations.

(Ord. No. 697, § 1, 5-15-25)

A.

"Affordable housing agreement." A recorded agreement between a property owner and the city to ensure that the density bonus requirements of this chapter are satisfied.

B.

"Affordable ownership cost." The affordable ownership cost for for-sale target units shall be as specified in California Health and Safety Code Section 50052.5, as may be amended over time.

C.

"Affordable rent." The affordable rent for rental target units shall be as specified in California Health and Safety Code Section 50053, as may be amended over time.

D.

"Approving authority." The city decision-making body acting on an application for a housing development subject to the requirements of this chapter, including the city council, planning commission, or community development director.

E.

"Base density." Base density or maximum residential density shall be as defined in the state density bonus law.

F.

"Child care facility." Child care facility shall have the same meaning as defined in the state density bonus law.

G.

"City." The City of Brisbane or the Brisbane Housing Authority.

H.

"City council." The city council of the City of Brisbane as established in Title 2 of this code or the board members of the Brisbane Housing Authority

I.

"City manager." The city manager of the City of Brisbane as established in Title 2 of this code, the city manager's designee, the executive director of the Brisbane Housing Authority or the executive director's designee.

J.

"Community development director." The director of the community development department responsible for overseeing implementation of Title 17 of this code, or the community development director's designee.

K.

"Density bonus." Density bonus shall be defined by state density bonus law.

L.

"Density bonus project." Density bonus project shall mean any parcel map, subdivision map, housing development permit, design permit, building permit, or other city approval which results in a net increase of at least two (2) primary dwelling units and/or residential lots or combination thereof for which a density bonus, incentive or concession, waiver or reduction of development standards, and/or modification of parking standard is requested by the developer pursuant to state density bonus law and this chapter. A density bonus project may include, but is not limited to, new construction, conversion of existing dwelling units to condominium ownership, subdivision of land to create additional residential lots, conversion of an

existing nonresidential building to residential use, and the addition of dwelling units to an existing multifamily dwelling. A density bonus project shall include units or lots intended for sale or for rent.

1.

For-Sale Density Bonus Project. A density bonus project that offers dwelling units or lots to the public for purchase.

2.

Rental Density Bonus Project. A density bonus project that offers dwelling units to be rented to tenants upon occupancy, whether or not a condominium or subdivision map is recorded as part of the project.

M.

"Development standard." A development standard shall be as defined by the state density bonus law, provided, however, the term "development standard" does not include any of the following:

1.

The permitted uses of a site;

2.

Any city fees;

3.

Affordable housing requirements;

4.

Building standards approved by the California Building Standards Commission as provided in California Health and Safety Code Section 18901 et seq.; or

5.

The requirements of Brisbane's Green Building Ordinance as set forth in Title 15, Chapter 15.80 of this code.

N.

"Domestic partner." Domestic partner means two (2) persons who have filed a declaration of domestic partnership with the California Secretary of State pursuant to Division 2.5, beginning with Section 297, of the California Family Code and such registration was in full force and effect at the time of the transfer or on the date of the transferor's death. A copy of the domestic partnership registration shall be provided to the city upon request.

O.

"Dwelling unit." Dwelling unit shall have the meaning set forth in Section 17.02.235 of this code.

Density Bonus Unit. Those dwelling units granted pursuant to a density bonus requested pursuant to the provisions of this chapter and state density bonus law.

2.

Market-Rate Unit. Any dwelling unit within a density bonus project that is not a target unit.

3.

Target Unit. Any dwelling unit affordable to moderate and low income households within a density bonus project that qualify the project for a density bonus.

P.

"Eligible household." A household whose household income qualifies the household for occupancy of a target unit.

Q.

"Eligible purchaser." A household whose household income qualifies the household to purchase a for-sale target unit, or a qualified non-profit housing corporation as such term is defined in Section 714.7 of the California Civil Code or successor statute.

R.

"First approval." The first of the following approvals to occur with respect to a density bonus project: subdivision approval, housing development permit, building permit or any other permit or approval under the this Code.

S.

"Household income." Household income shall be the gross income of the household as calculated pursuant to Title 25 California Code of Regulations, § 6914, as amended, or its successor. regulation The household income categories addressed in this chapter shall be defined as follows:

1.

Lower Income Household. A household whose income does not exceed the lower income limits applicable to San Mateo County, as published annually by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, as may be amended over time.

2.

Moderate Income Household. A household whose income does not exceed the moderate income limits applicable to San Mateo County, as published annually by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, as may be amended over time.

Very Low Income Household. A very low income household shall be as defined by California Health and Safety Code Section 50105, as may be amended over time.

4.

Extremely Low Income Household. An extremely low income household shall be as defined by Section 50106 of the California Health and Safety Code or successor statute.

T.

"Housing authority." "Housing authority" shall mean the Brisbane Housing Authority, as established by resolution of the city council. For the purposes of this have the same meaning as "city."

U.

"Incentives or concessions." incentives or concessions shall be as defined in the state density bonus law.

V.

"Maximum residential density." Maximum residential density or base density shall be as defined in state density bonus law.

W.

"Modified parking standards." Modifications to the parking standards that would otherwise apply to a density bonus project under Chapter 17.34 of this code, as described in the state density bonus law.

X.

"Resale restriction agreement." A resale restriction agreement shall mean an agreement, covenant, deed of trust, or other document, approved by the city council, which is executed by the property owner and recorded against each target unit to insure that such unit remains affordable for the applicable term.

Y.

"Specific adverse impact." A "specific adverse impact" shall have the same meaning as the meaning provided in the Government Code Section 65589.5, as may be amended from time to time, or successor provisions.

Z.

"State density bonus law." State density bonus law shall mean Sections 65915 through 65918 of the California Government Code, as may be amended from time to time, or successor statutes

AA.

"Waiver or reduction of development standard." Waiver or reduction of development standard shall be as defined in the state density bonus law.

(Ord. No. 697, § 1, 5-15-25)

A.

The city shall grant density bonuses, incentives and concessions, waivers or reductions in development standards, and/or modified parking standards requested by applicants in accordance with the provisions of the state density bonus law and the procedures set forth in this chapter.

1.

The city may deny a request for incentives or concessions only as provided by the state density bonus law.

2.

The city may deny a request for a waiver or reduction of a development standard only as provided by the state density bonus law.

B.

A developer of a project containing between two (2) to four (4) dwelling units or lots may request approval of a density bonus as shown in Table 17.29.030. The decision making body shall waive or reduce any development standard that may preclude development of such a project as set forth in subsection A. of this Section 17.29.030.

Table 17.29.030

C.

A developer of a density bonus project that exceeds the qualifications for a density bonus per state density bonus law may request that the city grant one additional incentive or concession above the maximum number prescribed by state density bonus law, as applicable to the project.

D.

A developer of a density bonus project may request city council approval of one additional incentive or concession if the density bonus project includes family-sized target units (units with three (3) or more bedrooms) designed and dedicated for use by low- to extremely low-income households.

E.

Inclusionary units provided in compliance with Chapter 17.31 may be counted as target units for the purposes of calculating a density bonus if they meet requirements for target units established under state density bonus law.

F.

The decision making body for any density bonus project shall be the decision making body specified for the first approval. The city council shall be the decision-making body for any density bonus projects that include requests of incentives or concessions or waivers of development standards that otherwise require city council approval under this chapter or other chapters of this code.

G.

Notwithstanding that an applicant may request direct financial assistance, including that for purchasers of target units, which shall require approval of the city council, nothing in this Section 17.29.030 requires the city to provide direct financial incentives for the housing development, including but not limited to providing to the applicant publicly owned land.

H.

In accordance with the state density bonus law, neither the granting of a concession or incentive, waiver or reduction in development standards, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.

(Ord. No. 697, § 1, 5-15-25)

17.29.040 - Application for a density bonus.

A.

Application Processing. Applications for density bonuses, incentives, concessions, waivers or reductions in development standards, and/or modifications of parking standards pursuant to the state density bonus law and this chapter shall be processed in concert with and by the same decision-making body, as any other planning entitlement applications that the density bonus project may require., except where otherwise indicated in Section 17.29.030.

B.

Contents of Application. Applications shall be filed with the community development director on such form as the director shall prescribe. In addition to the submittal requirements for any other planning entitlement applications or permit approvals the project requires, the application shall include the following information and supporting materials:

1.

Current title report(s) for all properties proposed for development, prepared within at least six (6) months of application submittal.

2.

A letter signed by the present owner(s) stating what density bonus, incentives and concessions, waivers or modifications of development standards, and/or parking modification are being requested from the city.

3.

In the case of a condominium conversion request, such information required by Chapter 17.30 of this title.

4.

A statement describing whether the density bonus project is proposed on any property that has one of the following conditions. If any of the below conditions exist on the property, the application must identify how such units will be replaced in the density bonus project. Such replacement units shall not be counted as target units when calculating the density bonus, unless the density bonus project is one hundred percent (100%) affordable.

a.

Includes a parcel or parcels on which rental dwelling units are presently located that are subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income or if rental dwelling units have been vacated or demolished in the five-year period preceding the application that were at the time subject to a recorded covenant, ordinance or law that restricted rents to levels affordable to persons and families of very low or lower income;

b.

Includes a parcel or parcels on which rental dwelling units have been subject to any other form of rent or price control through a public agency's exercise of its police power;

c.

Includes a parcel or parcels on which rental dwelling units are presently occupied by low or very low income households.

5.

A detailed vicinity map showing the project location and such details as the location of the nearest commercial retail, transit stop, potential employment locations, park or recreation facilities or other social or community service facilities.

6.

A project data table showing the total number of dwelling units proposed on the site and off site, as applicable, including the number of target units and density bonus units, and the project's conformance to all objective development standards.

7.

Site plan(s) with accurately dimensioned property lines showing existing and proposed structures and their uses, adjacent structures and their uses, setbacks, adjacent streets, easements, existing and proposed utilities, existing and proposed driveways, and internal circulation and parking.

8.

Floor plans of all existing and proposed structures (with the use of each room/space labeled) and designating target units, as appropriate.

9.

Roof plans.

10.

Elevations of all sides of the existing and/or proposed structures, identifying colors and materials, and showing the height of structure(s) measured per the definition of building height in Chapter 17.02 of this title and UBC type of construction. Cross-sections may also be required based upon the complexity of the design.

11.

Existing and proposed parking facilities, including the dimensions of parking spaces, number and location of spaces designated as compact or handicapped spaces, and a calculation of the number of parking spaces required by this title or any other applicable regulations;

12.

An affordable housing plan that contains all of the following, as applicable to the request:

a.

The number, type, tenure, household income categories, number of bedrooms and baths, approximate location, size, and design (including finishes and features) of all density bonus units;

b.

The number, type, tenure, affordability level, number of bedrooms and baths, approximate location, size, and design (including finishes and features) of all target units;

c.

Construction phasing of target units in relation to market-rate units, if applicable, and overall construction schedule. If the developer proposes to construct the target units in separate phases from the market-rate unit construction, the affordable housing plan shall specify the security to be provided to the city to ensure that the target units will be constructed, and explain how the proposed phasing would provide greater public benefit than providing the target units concurrently with the market-rate units;

d.

Preliminary marketing plan, indicating general approach to marketing target units in compliance with all fair housing laws. The final marketing plan may be deferred to prior to first building permit issuance, subject to community development director approval, including the manner in which target units will be offered to the public in a nondiscriminatory and equitable manner and the method of marketing target units after initial occupancy is secured;

e.

A financing mechanism, the particulars and the amount of which shall be determined by the city at the time the affordable housing plan is approved, to cover the city's costs for the on-going administration and monitoring of the affordability provisions applicable to the target units, except where prohibited by state law.

13.

Description of any requested density bonuses, incentives, concessions, waivers or modifications of development standards, and/or modified parking standards and documentation of eligibility for the request(s), including a description of the base density without the requested density bonus, the number and location of all target units qualifying the project for a density bonus, the level of affordability of the target units, and identification of the density bonus units.

a.

For all requested incentives and concessions, reasonable documentation demonstrating eligibility for the incentive or concession or to demonstrate that the incentive or concession meets the definition set forth in the state density bonus law. For requests to allow mixed- use zoning in conjunction with the density bonus project, the application shall additionally include documentation demonstrating that the proposed commercial, office, industrial, or other land uses will reduce the cost of the density bonus project development and that the commercial, office, industrial, or other land uses are compatible with the density bonus project and the existing or planned development in the area where the proposed project will be located. The cost of reviewing any documentation submitted in support of a request for a concession or incentive, including but not limited to the cost to the city of hiring a consultant to review the documentation, shall be borne by the applicant.

b.

For all requested waivers or reductions of development standards, written evidence that (i) the development standards for which a waiver or reduction is requested will physically preclude the construction of the housing development at the densities or with the incentives or concessions permitted by this chapter; (ii) the waiver or reduction would not have a specific, adverse impact, or, if a specific, adverse impact would occur, that the impact could feasibly be mitigated or avoided; (iii) the waiver or reduction would not have an adverse impact on any real property that is listed in the California Register of Historical Resources; and (iv) the waiver or reduction would not be contrary to any state or federal law.

c.

If a density bonus, incentive or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the conditions for such land

donation set forth in the state density bonus law will be met.

d.

If a density bonus, incentive or concession is requested for a child care facility, the application shall show the location and square footage of the child care facility and describe how all requirements of the state density bonus law for such density bonus, incentive or concession are met by the application.

B.

Application Fee. The application shall be accompanied by the payment of a fee in such amount as established from time to time by resolution of the city council. In addition, the applicant shall also deposit such amounts as the community development director may require from time to time to cover the cost of any environmental or legal review, geotechnical and engineering reports, review of green building documentation, and such other studies that may be required by the city in connection with the processing of the application or related planning entitlements.

C.

Newly Constructed Condominiums. In addition to the information listed in this section, an application for a density bonus project for newly constructed condominiums, as defined in Section 17.30.020.A of this title, shall also include the materials set forth in Section 17.30.040.

D.

Streamlined Housing Development Projects. Density bonus projects that are streamlined housing development projects, as defined in Chapter 17.02 of this title, shall include additional supporting documentation to demonstrate eligibility as set forth on a form prescribed by the city.

(Ord. No. 697, § 1, 5-15-25)

A.

Applicability. Recordation of an affordable housing agreement shall be made a condition of the first approval for all density bonus projects to ensure implementation of all requirements of this chapter. The affordable housing agreement shall be recorded prior to, or concurrently with, the final subdivision or parcel map, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The affordable housing agreement shall run with the land and bind all future owners and successors in interest.

B.

The affordable housing agreement shall be in a form provided by the city and shall include the following, without limitation:

1.

All information provided in the affordable housing plan pursuant to Section 17.29.040 of this chapter.

2.

The household income categories of the target units, consistent with the requirements of the state density bonus law.

3.

Continued affordability of the target units, as follows:

a.

For-Sale Target Units. The affordable housing agreement shall require that a resale restriction agreement, in a form approved by the city, be recorded against each for-sale target unit when the target unit is first transferred to an eligible purchaser. The resale restriction agreement shall provide that target units in forsale density bonus projects shall remain affordable in perpetuity and that the affordability provisions be applicable to any subsequent transferees or successors in interest. The resale restriction agreement shall also provide that the for-sale target unit shall not be rented.

b.

Rental Target Units. The affordable housing agreement shall be recorded against each rental density bonus project containing rental target units to ensure that the target units remain affordable in perpetuity. Rental target units that are later converted to for-sale units, e.g., converted to condominiums, and then sold shall be sold as for-sale target units and the requirements of subparagraph a of paragraph 2 of subsection C of this section shall apply.

4.

The affordable housing agreement shall specify that no household shall be permitted to begin occupancy of a target unit unless the community development director has approved the household's eligibility.

5.

Affordable housing agreements for land dedication, child care facilities, and condominium conversions shall ensure the continued compliance with all conditions included in state density bonus law.

6.

Affordable housing agreements for senior citizen housing developments shall provide that units in the residential development shall be occupied by senior citizens or other persons eligible to reside in such a project as established by the state density bonus law.

7.

The affordable housing agreement shall include provisions requiring maintenance of records to demonstrate continued compliance with this chapter over long-term operation of the density bonus project.

8.

The affordable housing agreement shall include a description of remedies for breach of the affordable housing agreement by either party. The city may identify tenants or qualified purchasers as third party beneficiaries under the agreement.

C.

The affordable housing agreement shall include any other provisions determined necessary by the city attorney to ensure implementation and compliance with the state density bonus law and this chapter.

(Ord. No. 697, § 1, 5-15-25)

A.

No permit, license, subdivision map, or other approval or entitlement for a density bonus project shall be issued, including without limitation a final inspection for occupancy, until all requirements applicable to the density bonus project at such time pursuant to this chapter have been satisfied.

1.

Except where authorized by the approved affordable housing plan pursuant to Section 17.29.040, no building permit shall be issued for any market rate unit until the permittee has obtained permits for target units sufficient to meet the requirements of Section 17.29.030 of this chapter, and, if the project includes inclusionary housing units pursuant to Chapter 17.31 of this code. No final inspection for occupancy for any market-rate unit shall be completed until the permittee has constructed the target units required by Section 17.29.030 of this chapter, unless so authorized in the approved affordable housing plan.

2.

The time requirements set forth in this section for issuance of building permits for market-rate units and for final inspections for occupancy for market-rate units may be modified to accommodate phasing schedules, model variations, or other factors in a density bonus project within the submitted affordable housing plan pursuant to Section 17.29.030 of this chapter, if the city determines this will provide greater public benefit and an affordable housing agreement pursuant to Section 17.29.050 of this chapter has been approved by the decision making body for the first approval for the density bonus project.

B.

Conditions to carry out the purposes of this chapter shall be imposed on the first approval for a density bonus project.

C.

The city attorney is authorized to enforce the provisions of this chapter and all affordable housing agreements, regulatory agreements, resale controls, deeds of trust, or similar documents placed on target units, by civil action and any other proceeding or method permitted by law.

D.

The city manager is authorized to execute any agreement and any related documents following approval such agreement by the community development director and the city attorney.

E.

Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any applicant or owner from the requirements of this chapter.

F.

The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity.

G.

Any target unit that is sold or rented in violation of the affordability requirements established in the approved affordable housing agreement or resale restriction agreement shall be replaced at a one-to-one ratio. The means of replacement shall be wholly subject to the discretion of the city manager.

H.

A request for a minor modification of an approved affordable housing plan may be granted by the community development director if the modification is substantially in compliance with the original affordable housing plan and conditions of approval for the density bonus project. A minor modification is technical in nature, as opposed to substantive or material. Substantive or material changes to the affordable housing plan shall be processed in the same manner as the original plan.

I.

The city shall prepare guidelines to further implement this chapter. These guidelines shall include, but are not limited to, the following:

1.

The form and contents of the affordable housing agreement and any resale restriction, including provisions for successors in interest and other ownership transfers for for-sale target units;

2.

The form and contents of the final marketing plan and resident selection process;

3.

Procedures for setting rents and sales prices for the target units;

4.

Procedures for qualifying tenant households and prospective purchaser households of target units, including but not limited to household income verification and any preferences;

Compliance and monitoring procedures to assure that affordability restrictions are maintained;

6.

Resale and subordination procedures for for-sale target units;

7.

The establishment of any fees to recoup the city's costs for the ongoing administration and monitoring of the affordability provisions of the target units, except where prohibited by state law.

(Ord. No. 697, § 1, 5-15-25)

Chapter 17.30 - CONDOMINIUMS[[6]]

Footnotes:

--- ( 6 ) ---

Editor's note— Ord. No. 566, § 12, adopted October 7, 2013, in effect repealed the former Chapter 17.30, §§ 17.30.010—17.30.060, and enacted a new Chapter 17.30 as set out herein. The former Chapter 17.30 pertained to similar subject matter and derived from Ord. No. 298, 1984 and Ord. No. 314, 1986.

The purpose of this chapter is to regulate the development of new residential, commercial and mixed-use condominiums and the conversion of existing units to such condominiums, with the objectives of encouraging local equity ownership, while discouraging the conversion of existing rental housing to condominiums or cooperatives unless it is demonstrated that such conversions would not adversely affect the rental market or would provide unique housing opportunities for very-low, low- and/or moderateincome households, in addition to the objectives set forth in Section 17.01.030.

(Ord. No. 566, § 12, 10-7-13)

17.30.020 - Applicability.

A.

New Construction. Construction of new condominium projects containing three or more units shall be subject to the development standards set forth in Section 17.30.030 and design permit requirement set forth in Section 17.30.040 of this chapter.

B.

Residential Condominium Conversions. Before the conversion of any existing structure to condominiums, the developer, builder or other person seeking to convert the existing structure shall first obtain from the planning commission a use permit pursuant to the provisions of Chapter 17.40 and Section 17.30.045 of this chapter. Residential condominium conversions include conversion of a mixed-use development with residential units.

(Ord. No. 612, § 11, 12-8-16)

Editor's note— Ord. No. 612, § 11, adopted December 8, 2016, amended § 17.30.020 in its entirety to read as herein set out. Former § 17.30.020, pertained to use permit required, and derived from Ord. No. 566, adopted October 7, 2013.

A.

The following development regulations shall apply to all newly-constructed condominiums and condominium conversions for residential and/or commercial occupancies:

1.

Regulations governing the use, building height, required yards, building separation, signs, off-street parking, and other explicit regulations, where applicable and where not governed by the provisions of this chapter, shall be those of the district within which the development is located.

2.

The maximum allowable density in any residential condominium shall be the density specified for the district in which the condominium is located.

3.

Separate and independent water, sewer, electrical, gas, and telecommunications systems shall be provided for each unit. Exceptions may be approved by the planning commission when the applicant satisfactorily demonstrates, through the provision of adequate CC&Rs and/or other appropriate measures, that the benefits of shared utilities/facilities outweigh the detriments for the project, in terms of the arrangement (side-by-side versus stacked) and/or number of units proposed.

B.

The following development regulations shall apply to newly-constructed residential condominiums and residential condominium conversions (including residential units in mixed-use developments):

1.

All permanent mechanical equipment, such as motors, compressors, pumps and compactors that could be a source of structural vibration or structure-bourne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators.

2.

Either washer and drier hookups shall be provided for each unit or one washer and one drier shall be installed in a laundry room for every three (3) units.

One hundred twenty-five (125) cubic feet of enclosed storage area shall be provided for each unit.

4.

Outdoor areas shall be provided for active or passive recreational use for a total combined area equal to four hundred (400) square feet per unit. Such areas may include decks, patios, lawns with a slope not exceeding ten percent (10%), and landscaped areas accessed with walkways and provided with permanent seating, but shall not include walkways that serve as the required means of egress. Such areas may be for use in common or dedicated to private use. Exceptions may be approved by the planning commission if adequate alternatives are proposed on site or available in the vicinity.

(Ord. No. 566, § 12, 10-7-13)

A design permit shall be required for newly constructed condominium projects containing three or more units, subject to the procedures established in Chapter 17.42. Condominium design permit applications shall be accompanied by the following materials:

A.

A map to a workable scale, showing the site in relation to surrounding property, existing roads and other existing improvements;

B.

A site plan, showing existing and proposed improvements, locations of buildings on the ground, orientation of buildings, utilities, public services, public facilities, streets and alleys, landscaping, and the boundaries of the projects, including the details necessary to demonstrate compliance with the applicable development standards per Section 17.30.030;

C.

Drawings showing how airspace is to be divided within the condominium consistent with the requirements for a "condominium plan" per California Civil Code Section 4285;

D.

Application for tentative parcel or subdivision map approval, including a copy of the tentative parcel or subdivision map, unless a map waiver is processed per Section 16.12.050 or Section 16.12.025 of Title 16, Subdivisions.

E.

Project plans demonstrating compliance with Section 17.30.030 of this chapter and the development regulations of the zoning district in which the property is located;

F.

A copy of the proposed declaration of restrictions (for condominium projects with unit-owners associations), or maintenance agreement (for smaller condominium projects without unit-owners associations) as required by the provisions of the Civil Code of the state, including the following:

1.

A requirement for binding arbitration for tie votes;

2.

Provisions addressing property, general liability, earthquake and flood insurance responsibilities;

3.

Provisions addressing maintenance responsibilities for roof, gutters, sidewalks, painting, landscaping, any habitat areas subject to the San Bruno Mountain Area Habitat Conservation Plan, and other common area improvements (including timing of maintenance items and method to apportion costs);

4.

Provisions for the reconstruction of the project in accordance with codes in effect at the time of such reconstruction, in the event of the destruction of the condominium project;

5.

A provision specifying that the City of Brisbane is named as a third-party beneficiary for enforcement purposes, if recommended by the city attorney; and

G.

Any information deemed necessary or desirable in assisting the commission in its determinations.

(Ord. No. 612, § 12, 12-8-16)

Editor's note— Ord. No. 612, § 12, adopted December 8, 2016, amended § 17.30.040 in its entirety to read as herein set out. Former § 17.30.040, pertained to application for condominium use permit, and derived from Ord. No. 566, adopted October 7, 2013.

A use permit shall be required for residential condominium conversions. The application for a use permit for a residential condominium conversion (including conversion of a mixed-use development with residential units) shall include, in addition to the requirements in Section 17.30.040, the following information:

A.

A building history report, including the following:

1.

The date of construction of all elements of the project,

A statement of the major uses of the project since construction,

3.

The date and description of each major repair or renovation of any element since the date of construction,

4.

The name and address of each present tenant of the project,

5.

In the event that any of the information in subsections A through D cannot be provided, an affidavit or declaration setting forth in detail all efforts undertaken to discover such information and reasons why the information cannot be obtained;

B.

A property inspection report prepared by a licensed civil engineer, structural engineer, architect, general building contractor and/or general engineering contractor, determining the level of current building and fire code compliance for and describing the condition and estimating the useful life of each of the following elements of each structure within the project:

1.

Foundations,

2.

Structural elements,

3.

Interior walls, ceilings and floors (inspected for termite, dry rot or water damage, including toxic mold),

4.

Roofs,

5.

Drainage systems,

6.

Exterior sidings and finishes,

7.

Paved surfaces,

Mechanical systems,

9.

Electrical systems,

10.

Plumbing systems, including sewer systems,

11.

Landscaping,

12.

Sprinkler systems for landscaping,

13.

Utility delivery systems,

14.

Central or community heating and air conditioning systems,

15.

Fire protection systems, including any automatic sprinkler systems,

16.

Alarm systems and property security in general,

17.

Smoke detectors and any required carbon monoxide alarms,

18.

Standpipe systems;

C.

Written certification from a licensed appliance repair contractor on the working condition of all private and common appliances and mechanical equipment;

D.

Written certification from a licensed painting contractor on the condition of all exterior painted surfaces;

E.

Written certification from a licensed roofing contractor on the condition of all roofs;

F.

A structural pest control report prepared by a licensed structural pest control operator pursuant to Section 8516 of the Business and Professions Code;

G.

An acoustical test data report on the noise attenuation characteristics of existing party walls, floors and ceilings prepared by a licensed acoustical consultant, based upon a representative sampling of the units, identifying any current building code standards for exterior and interior noise transmission that cannot be met;

H.

A summary of average rents for each bedroom type of rental unit, and a detailed unit history containing the following information:

1.

Location of unit,

2.

Number of rooms,

3.

Size of unit in square feet,

4.

Rental rate during two (2) years preceding the date of submittal of the application, indicating dates of rental rate increases,

5.

Duration of occupancy of present tenants;

I.

A housing and tenant relocation report prepared by a qualified consultant approved by the planning director, containing the following information:

1.

The number of multiple dwelling rental units which will remain after the conversion,

2.

The nature and type of relocation assistance proposed by the applicant, including financial assistance and the provision of alternative housing facilities, including relocation programs,

3.

Vacancy information in rental units and the availability thereof within the City of Brisbane,

4.

The proposed schedule of meetings which the applicant plans or proposes to hold with tenants to explain the application and its ramifications to the tenants,

5.

The proposed phasing or timing schedule of conversion and sale of units,

6.

Whether existing tenants will be given any discount from otherwise applicable sales prices,

7.

Any plan for temporary displacement of tenants who purchase units,

8.

A description of the demographic composition of the tenants, including information on age, persons per unit, persons over age sixty-two (62), number of permanent disabled persons, and tenure per unit,

9.

Suitable proof of compliance with the residential tenant notification requirements in Government Code Sections 66452.17 and 66452.18.

(Ord. No. 612, § 13, 12-8-16)

A.

In addition to the requirements set forth in Chapter 17.54, notice shall be given to the residential tenants in any building proposed to be converted to condominiums, concurrent with the notice required by Section 16.16.190(D) of Title 16, Subdivisions.

B.

Copies of the staff report for condominium conversion applications shall be sent to the residential tenants of the subject building, as well as to the applicant, per Government Code Section 66452.3.

(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 14, 12-8-16)

In addition to the findings required for the granting of a use permit as set forth in Section 17.40.060, no use permit for a residential condominium conversion (including conversion of a mixed-use development with residential units) shall be granted unless the planning commission also finds and determines that:

A.

The condominium conversion will not adversely affect the rental market by not reducing the residential rental vacancy rate to less than five percent (5%); or

B.

The condominium conversion will provide unique housing opportunities for very-low-, low- and/or moderate-income households, not currently found among comparable market-rate condominium units, that exceed the requirements of the municipal code's basic inclusionary requirement by providing one more affordable unit than required in Section 17.31.030(B)(3), based upon proposed sales prices, financing and projected monthly dues, in addition to other factors as determined by the planning commission. For example, if comparable market-rate units are currently not affordable to moderate-income households at an affordable ownership cost as defined in Section 17.31.010(A)(1), the project will include more units affordable to moderate-income households than would be required, and for projects of five (5) or fewer units, which would not be subject to the inclusionary requirement, at least one unit affordable to moderateincome households would be provided. If comparable market-rate units are currently affordable to moderate-income households, the project will include more units affordable to low-income households at an affordable ownership cost as defined in Section 17.31.010(A)(2) than would be required, and for projects of five (5) or fewer units, which would not be subject to the inclusionary requirement, at least one unit affordable to low-income households would be provided.

(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 15, 12-8-16)

The planning commission may either grant or deny the application for the condominium design permit or use permit. If granted, the planning commission may impose such conditions and requirements as it deems appropriate in order to make all of the use permit findings prescribed in Section 17.30.060 or design permit findings prescribed in Section 17.42.040. In addition, the following mandatory conditions shall be included in every condominium design permit or use permit, as applicable:

A.

The required off-street parking spaces, excluding any guest parking spaces, shall be assigned to and included in the ownership of each individual condominium unit and shall not be sold or transferred except with the sale of such unit.

B.

For residential condominium conversions (including conversion of a mixed-use development with residential units), any hazardous and unsafe conditions identified through the inspection required per Section 17.30.045(B) shall be corrected prior to the first sale of any of the converted units.

(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 16, 12-8-16)

17.30.080 - Condominium conversion—Appeals.

A.

Any decision or determination made by the planning commission pursuant to this chapter for a condominium conversion use permit may be appealed to the city council in accordance with the procedures set forth in Sections 17.52.010 and 17.52.020 of this title, except that the appeal shall be filed within ten (10) calendar days after the date on which the decision or determination is rendered, consistent with Section 16.44.020 and Government Code Section 66452.5.

B.

Notice of any appeal regarding a use permit for residential condominium conversions (including conversion of a mixed-use development with residential units) shall be given to residential tenants of the building subject to the proposed condominium conversion, consistent with Section 16.44.050(B)(3) and Government Code Section 66452.5.

(Ord. No. 566, § 12, 10-7-13; Ord. No. 612, § 17, 12-8-16)

Chapter 17.31 - INCLUSIONARY HOUSING[[7]]

Footnotes:

--- ( 7 ) ---

Editor's note— Ord. No. 697, § 2, adopted May 15, 2025, repealed the former Chapter 17.31, §§ 17.31.010—17.31.170, and enacted a new Chapter 17.31 as set out herein. The former Chapter 17.31 pertained to inclusionary housing and density bonuses and derived from Ord. No. 537, § 1, 2-17-09.

A.

Rental and owner-occupied housing in the city has become steadily more expensive. Housing costs have gone up faster than incomes for many groups in the community.

B.

Many persons who work in the city, who have grown up or have family ties in the city, who already live in the city but must move due to increasing housing costs, or who wish to live in the city for other reasons, cannot afford housing in the city.

C.

Federal and state government programs do not provide nearly enough affordable housing opportunities or subsidies to satisfy the housing needs of moderate, lower or very low income households.

D.

Rising land prices have been a key factor in preventing development of new affordable housing. New housing construction in the city which does not include inclusionary units aggravates the existing shortage of affordable housing by absorbing the supply of available residential land. This reduces the supply of land for affordable housing and increases the price of remaining residential land. Providing the inclusionary units required by this chapter will help to ensure that part of the city's remaining developable land is used to provide affordable housing.

E.

The city wishes to retain an economically balanced community, with housing available to very low income, lower income and moderate income households. The city's general plan implements the established policy of the State of California that each community should foster an adequate supply of housing for households at all economic levels.

F.

An economically balanced community is only possible if part of the new housing built in the city is affordable to households with limited incomes. Requiring builders of new housing to include some housing affordable to households at a range of incomes is fair, not only because new development without inclusionary units contributes to the shortage of affordable housing, but also because zoning and other ordinances concerning new housing in the city should be consistent with the community's goal to foster an adequate supply of housing for households at all economic levels.

G.

In enacting this chapter it is also the intent of the City of Brisbane to implement the goals, objectives, and policies of the city's general plan housing element, which encourages the provision of housing affordable to a variety of household income levels, seniors, and persons with disabilities, and identifies an inclusionary housing policy one method to encourage the development of affordable housing.

(Ord. No. 697, § 2, 5-15-25)

A.

"Affordable housing agreement." A recorded agreement between a property owner and the city to ensure that the inclusionary housing requirements of this chapter are satisfied.

B.

"Affordable ownership cost." The affordable ownership cost for for-sale target units shall be as specified in California Health and Safety Code Section 50052.5, as may be amended over time.

C.

"Affordable rent." The affordable rent for rental target units shall be as specified in California Health and Safety Code Section 50053, as may be amended over time.

D.

"Approving authority." The city decision-making body acting on an application for a housing development subject to the requirements of this chapter, including the city council, planning commission, or community development director.

E.

"City." The City of Brisbane or the Brisbane Housing Authority.

F.

"City council." The city council of the City of Brisbane as established in Title 2 of this code or the board members of the Brisbane Housing Authority.

G.

"City manager." The city manager of the City of Brisbane as established in Title 2 of this code, the city manager's designee, the executive director of the Brisbane Housing Authority or the executive director's designee.

H.

"Community development director." The director of the community development department responsible for overseeing implementation of Title 17 of this code, or the community development director's designee.

I.

"Domestic partner." Domestic partner means two (2) persons who have filed a declaration of domestic partnership with the California Secretary of State pursuant to Division 2.5, beginning with Section 297, of the California Family Code and such registration was in full force and effect at the time of the transfer or on the date of the transferor's death. A copy of the domestic partnership registration shall be provided to the city upon request.

J.

"Dwelling unit." Dwelling unit shall have the meaning set forth in Section 17.02.235 of this code.

1.

Inclusionary Unit. Dwelling unit within a housing development that is required by Section 17.31.030 of this chapter to be rented at affordable rents or sold at an affordable ownership cost to specified households. Inclusionary units may be considered target units as that term is defined in Chapter 17.29 of this code.

Market-Rate Unit. Any unit within a housing development that is not an inclusionary unit.

K.

"Eligible household." A household whose household income qualifies the household for occupancy of inclusionary units provided under this chapter.

L.

"Eligible purchaser." A household whose household income qualifies the household to purchase a for-sale inclusionary unit, or a qualified non-profit housing corporation as such term is defined in Section 714.7 of the California Civil Code or successor provisions.

M.

"First approval." The first of the following approvals to occur with respect to an inclusionary housing development: subdivision approval, housing development permit, building permit or any other permit or approval under this code.

N.

"Household income." Household income shall be the gross income of the household as calculated pursuant to Title 25 California Code of Regulations, § 6914, as amended, or its successor. The household income categories addressed in this chapter shall be defined as follows:

1.

Lower Income Household. A household whose income does not exceed the lower income limits applicable to San Mateo County, as published annually by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, as may be amended over time.

2.

Moderate Income Household. A household whose income does not exceed the moderate income limits applicable to San Mateo County, as published annually by the State of California pursuant to California Code of Regulations, Title 25, Section 6932, as may be amended over time.

3.

Very Low Income Household. A very low income household shall be as defined by California Health and Safety Code Section 50105, as may be amended over time.

O.

"Housing authority." "Housing authority" shall mean the Brisbane Housing Authority, as established by resolution of the city council. For the purposes of this chapter, "housing authority" shall have the same meaning as "city."

P.

"Inclusionary housing development." Any parcel map, subdivision map, use permit, building permit, or other city approval which results in a net increase of at least five (5) or more primary dwelling units and/or residential lots or combination thereof intended for sale or for rent. An inclusionary housing development project may include, but is not limited to, new construction, conversion of existing dwelling units to condominium ownership, creation of residential lots, conversion of an existing nonresidential building to residential use, and the addition of primary dwelling units to an existing multifamily dwelling.

1.

For-Sale Inclusionary Housing Development. An inclusionary housing development, or portion thereof, where the dwelling units or lots are offered to the public for purchase.

2.

Rental Inclusionary Housing Development. An inclusionary housing development, or portion thereof, comprised of dwelling units which are intended to be rented, or are actually offered for rent, to tenants upon completion, whether or not a condominium or subdivision map is recorded as part of the housing development.

Q.

"Resale restriction agreement." An agreement, covenant, deed of trust, or other document, approved by the city council, which is executed by the property owner and recorded against each inclusionary unit to insure that such unit remains affordable for the applicable term.

(Ord. No. 697, § 2, 5-15-25)

17.31.030 - Inclusionary requirement.

A.

Applicability. The inclusionary requirements established in this section shall apply to all inclusionary housing development projects with five (5) or more primary dwelling units or residential lots, except for the following:

1.

Housing development projects that are developed pursuant to the terms of a development agreement, provided that such housing development projects shall comply with any affordable housing requirements included in the development agreement.

2.

Housing development tentative maps or vesting tentative maps exempted by Government Code Section 66474.2 or 66498.1, provided that such maps shall comply with any predecessor ordinance in effect on the date the application for the map was deemed complete.

B.

Inclusionary Requirements. Unless an alternative is elected pursuant to Section 17.31.050 of this chapter, the following inclusionary requirements shall apply to for-sale and rental housing development projects:

For-sale Developments. A for-sale inclusionary housing development shall provide the following inclusionary lots or units:

a.

A for-sale housing development with five (5) to ten (10) primary dwelling units or lots must provide fifteen percent (15%) of the proposed units at affordable ownership costs for moderate income households.

b.

A for-sale housing development of eleven (11) or more primary dwelling units or lots must provide ten percent (10%) of the units or lots at affordable ownership costs for moderate income households and five percent (5%) of the units or lots at affordable ownership costs for lower income households.

2.

Rental Developments. A rental inclusionary housing development with five (5) or more primary dwelling units must provide fifteen percent (15%) of the units at affordable rents to very low income households.

C.

Calculation of Inclusionary Requirement. For purposes of calculating the number of inclusionary units required by this section, any calculations resulting in fractional units of one-half or greater shall be rounded to the next larger integer. If the calculation of the required total number of inclusionary units results in a fraction of less than one-half, the fractional amount shall be provided to the city through payment of an inlieu fee established by the city council. For density bonus projects per Chapter 17.29, density bonus units shall not be counted when determining the minimum inclusionary housing requirement.

D.

Contemporaneous construction of five (5) or more primary dwelling units on a lot, or on contiguous lots for which there is evidence of common ownership or control, even though not covered by the same city land use approval, shall also be considered a single housing development. Construction shall be considered contemporaneous if any building permits are issued within five (5) years following the date of completion of any earlier construction.

E.

If an inclusionary housing development requests a density bonus pursuant to Chapter 17.29 of this title, inclusionary units may be considered target units for purposes of qualifying for a density bonus only if such inclusionary units meet all of the applicable requirements for target units in Chapter 17.29 of this title and state density bonus law.

(Ord. No. 697, § 2, 5-15-25)

The following incentives shall apply to all inclusionary housing developments that provide one or more inclusionary units in accordance with the provisions of this chapter:

A.

Single-family detached inclusionary units may be constructed on smaller lots than the market-rate units in the same housing development, but the lots may be no smaller than the minimum standard for the applicable zoning district, except as may be modified by an eligible density bonus request pursuant to Chapter 17.29 of this title or other provisions of this code that address reduction of minimum lot sizes.

B.

The square footage of the inclusionary units should be comparable to the market-rate units in the same residential development. However, at the discretion of the community development director, smaller units may be provided, as long as the total inclusionary square footage provided remains comparable, yielding additional units.

C.

Inclusionary units may have different finishes and features than market-rate units, including but not limited to interior finishes, fixtures, or appliances, than market-rate units in the same residential development, as long as the finishes and features are durable and of good quality, as determined by the community development director.

(Ord. No. 697, § 2, 5-15-25)

17.31.050 - Alternatives to constructing inclusionary units.

A.

An applicant for a rental inclusionary housing development, or an applicant for a for-sale inclusionary housing development of fifteen (15) or fewer primary dwellings or lots may, at the sole discretion of the applicant, elect to pay an in-lieu fee as established by resolution of the city council, for each required inclusionary unit to the Brisbane Housing Authority's Low and Moderate Income Housing Fund, instead of constructing the inclusionary units within the residential development. The in-lieu fee shall be paid prior to issuance of the building permit, unless applicable State law requires an different payment timing.

B.

An applicant for a rental or for-sale housing development may request city council approval of one or more of the following as an alternative to constructing the inclusionary units within the housing development or paying an in-lieu fee, which request shall be described within the affordable housing plan for inclusionary units prepared pursuant to Section 17.31.060 of this chapter. City council approval of such a request shall be based on findings that 1) the outcome for the city is superior in terms of the number and affordability of affordable units that would be created, or 2) construction of the required inclusionary units within the market-rate development would be infeasible or present unreasonable hardship in light of such factors as project size, site constraints, market competition, price and product type disparity, applicant capability, and

financial subsidies available. Evidence must be submitted with the affordable housing plan required by Section 17.31.060 of this chapter.

1.

Off-Site Construction. The applicant may request to construct some or all of the inclusionary units at a location within the city outside of the housing development site. Off-site construction alternatives include alternatives where parcelization of the subject property is required to create a separate parcel. Off-site inclusionary units shall be located on sites that are compatible with adjacent land uses, appropriately zoned for the intended residential development, and are in proximity to or will provide access to employment opportunities, urban services, major roads or other public transit facilities.

2.

Off-Site Preservation. The applicant may request to create inclusionary units off-site through the purchase and conversion of existing market-rate units to affordable units, either by the applicant or by a not-for-profit entity. The total square footage must, at minimum, equal the square footage that would have been expected on-site, at affordability levels that meet or exceed the on-site requirements. The off-site units must be purchased prior to the building permit for the inclusionary housing development. The off-site

preservation option must be approved by the city council, and the community development director may set requirements related to the rehabilitation and condition of the property and the protection and/or temporary relocation of existing tenants.

3.

Dedication of Land. The applicant may dedicate land within the city that is suitable for affordable housing development to the city or to the designee of the city. The value of the land shall be not less than the sum of the in-lieu fee that would be due under Section 17.31.050 of this chapter. The valuation of any land offered in-lieu shall be determined by an appraisal made by an appraiser mutually agreed upon by the city and the applicant. Costs associated with the appraisal shall be borne by the applicant. The timing of the land dedication shall be at or before the first approval of the inclusionary housing development. Factors considered by the council may include but are not limited to general location, access to transit, buildability, current zoning, and the number of units that could be built at the location.

4.

Funding of Affordable or Special Needs Housing Project. The applicant may make a contribution to a special needs housing project or facility (shelter, transitional housing, or similar) in the city in an amount equivalent to the in-lieu fee payment due under subsection A. of this Section 17.31.050. The contribution must be made prior to receipt of the building permit for the inclusionary housing development.

5.

In-Lieu Fee for Certain For-Sale Developments. An applicant for a for-sale inclusionary housing development of more than fifteen (15) primary dwelling units or lots may request council approval to pay an in-lieu fee payment rather than construct affordable units with the project.

(Ord. No. 697, § 2, 5-15-25)

A.

An affordable housing plan for inclusionary units shall be submitted as part of the application for first approval of any inclusionary housing development, except where payment of an in-lieu fee is elected by the applicant pursuant to Section 17.31.050.A of this chapter. No application for a first approval may be deemed complete unless an affordable housing plan, if required, is submitted conforming to the provisions of this chapter.

B.

If the applicant has requested a density bonus pursuant to Chapter 17.29 of this code, the affordable housing plan required under this section shall be combined with the affordable housing plan for target units required pursuant to Section 17.29.040 of this code.

C.

The affordable housing plan for inclusionary units shall include the following information:

1.

For housing developments proposing to construct the inclusionary units within the development, the affordable housing plan shall specify, at the same level of detail as the application for the housing development:

a.

The number, type, tenure, household income categories, number of bedrooms and baths, approximate location, size, and design (including finishes and features) of all inclusionary units;

b.

Construction phasing of inclusionary units in relation to market-rate units and overall construction schedule. If the developer proposes to construct the inclusionary units in separate phases from the marketrate unit construction, the affordable housing plan shall specify the security to be provided to the city to ensure that the inclusionary units will be constructed, and explain how the proposed phasing would provide greater public benefit than providing the inclusionary units concurrently with the market-rate units;

c.

Preliminary marketing plan indicating general approach to marketing inclusionary units. The final marketing plan may be deferred to prior to first building permit issuance, subject to community development director approval, including the manner in which inclusionary units will be offered to the public in a nondiscriminatory and equitable manner and the method of marketing inclusionary units after initial occupancy is secured;

d.

A financing mechanism, the particulars and the amount of which shall be determined by the city at the time the affordable housing plan is approved, to cover the city's costs for the on-going administration and monitoring of the affordability provisions applicable to the inclusionary units, except where prohibited by state law.

2.

If an applicant requests city council approval of alternatives to constructing the inclusionary units within a housing development pursuant to Section 17.31.050.B of this chapter, the affordable housing plan shall describe the requested alternatives.

3.

If the applicant requests use of different finishes and features than market-rate units as addressed in Section 17.31.040, the affordable housing plan shall describe the request.

D.

The affordable housing plan for inclusionary units shall be reviewed simultaneously with any other permit applications associated with the first approval for the inclusionary housing development.

(Ord. No. 697, § 2, 5-15-25)

17.31.070 - Adjustment or reduction of inclusionary housing requirement.

A.

An applicant may request city council approval of an adjustment or reduction of the inclusionary housing requirements of this chapter if an applicant demonstrates that the requested adjustment or reduction would better implement the goals, objectives, and policies of the city's general plan housing element, which encourages the provision of housing affordable to a variety of household income levels, seniors, and persons with disabilities. The city council, in its sole discretion, will determine whether to approve the applicant's request based on the city's progress in meeting its housing goals, objectives, and policies at the time the request is made.

B.

Any request for an adjustment or reduction under this section shall be submitted concurrently with the affordable housing plan required by Section 17.31.060 of this chapter. The request for a reduction or adjustment shall set forth in detail the factual basis for the adjustment or reduction.

(Ord. No. 697, § 2, 5-15-25)

A.

Applicability. Recordation of an affordable housing agreement shall be made a condition of the first approval for all inclusionary housing developments. The affordable housing agreement shall be recorded prior to, or concurrently with, the final or parcel map, or, where the inclusionary housing development does

not require a map, prior to issuance of a building permit for any structure in the inclusionary housing development. The affordable housing agreement shall run with the land and bind all future owners and successors in interest.

B.

The affordable housing agreement shall be in a form provided by the city and shall include the following, without limitation:

1.

All information provided in the affordable housing plan pursuant to Sections 17.31.060 of this chapter.

2.

The household income categories of the inclusionary units, consistent with the requirements of Section 17.31.030 of this chapter or any alternative requirements pursuant to Section 17.31.050 of this chapter.

3.

Continued affordability of the inclusionary units, as follows:

a.

For-Sale Inclusionary Units. The affordable housing agreement shall require that a resale restriction

agreement, in a form approved by the city, be recorded against each for-sale inclusionary unit when the unit is first transferred to an eligible purchaser. The resale restriction agreement shall provide that inclusionary units in for-sale housing developments shall remain affordable in perpetuity and that the affordability provisions be applicable to any subsequent transferees or successors in interest. The resale restriction agreement shall also provide that the for-sale inclusionary unit shall not be rented.

b.

Rental Inclusionary Units. The affordable housing agreement shall be recorded against each inclusionary housing development containing rental units to ensure that the inclusionary units remain affordable in perpetuity. Rental inclusionary units that are later converted to for-sale units, e.g., converted to condominiums, and then sold shall be sold as for-sale inclusionary units and the requirements of subparagraph a of paragraph 3 of subsection B of this section shall apply.

4.

The affordable housing agreement shall specify that no household shall be permitted to begin occupancy of an inclusionary unit unless the city or the city's designee has approved the household's eligibility.

5.

Affordable housing agreements for inclusionary housing developments intended to be occupied by households with one or more members who are sixty-two (62) years of age or older shall provide that dwelling units in the residential development shall be occupied by persons eligible to reside in such a project.

6.

The affordable housing agreement shall include provisions requiring maintenance of records to demonstrate compliance with this chapter.

7.

The affordable housing agreement shall include a description of remedies for breach of the agreement by either party. The city may identify tenant households or qualified purchaser households as third party beneficiaries under the agreement.

D.

The affordable housing agreement shall include any other provisions determined necessary by the city attorney to ensure implementation and compliance with this chapter.

(Ord. No. 697, § 2, 5-15-25)

17.31.090 - Implementation and enforcement.

A.

The city shall prepare guidelines to further implement this chapter. These guidelines shall include, but are not limited to, the following:

1.

The form and contents of the affordable housing agreement and any resale restriction, including provisions for successors in interest and other ownership transfers;

2.

The form and contents of the final marketing plan and resident selection process;

3.

Procedures for setting rents and sales prices for the inclusionary units;

4.

Procedures for qualifying tenant households and prospective purchaser households of inclusionary units, including but not limited to household income verification and any preferences;

5.

Compliance and monitoring procedures to assure that affordability restrictions are maintained;

6.

Resale and subordination procedures for inclusionary for-sale units;

7.

The establishment of any fees to recoup the city's costs for the ongoing administration and monitoring of the affordability provisions of the inclusionary units, except where prohibited by state law.

B.

No permit, license, subdivision map, or other approval or entitlement for an inclusionary housing development shall be issued, including without limitation a final inspection for occupancy, until all requirements applicable to the inclusionary housing development at such time pursuant to this chapter have been satisfied.

1.

No building permit shall be issued for any market-rate unit until the permittee has obtained permits for inclusionary units sufficient to meet the requirements of Section 17.31.030 of this chapter, and, if a density bonus has been requested pursuant to Chapter 17.29, Section 17.29.030 of this code. No final inspection for occupancy for any market-rate unit shall be completed until or simultaneously with construction of the inclusionary units required by Section 17.31.030 of this chapter.

2.

The time requirements set forth in this section for issuance of building permits for market-rate units and for final inspections for occupancy for market-rate units may be modified to accommodate phasing schedules, model variations, or other factors in an inclusionary housing development within the submitted affordable housing plan pursuant to Section 17.31.060 of this chapter, if the city determines this will provide greater public benefit and an affordable housing agreement pursuant to Section 17.31.080 of this chapter has been accepted by the community development director.

C.

Conditions to carry out the purposes of this chapter shall be imposed on the first approval for an inclusionary housing development and any subsequent approvals.

D.

The city Attorney is authorized to enforce the provisions of this chapter and all affordable housing agreements, regulatory agreements, resale controls, deeds of trust, or similar documents placed on inclusionary units, by civil action and any other proceeding or method permitted by law.

E.

The city manager is authorized to execute the resale restriction agreement and any related documents following approval by the community development director and the city attorney.

F.

Failure of any official or agency to fulfill the requirements of this chapter shall not excuse any applicant or owner from the requirements of this chapter.

G.

The remedies provided for herein shall be cumulative and not exclusive and shall not preclude the city from any other remedy or relief to which it otherwise would be entitled under law or equity.

(Ord. No. 697, § 2, 5-15-25)

Chapter 17.32 - GENERAL USE REGULATIONS

All regulations in this title pertaining to the districts established in Chapter 17.04 are subject to the general provisions, conditions and exceptions contained in this chapter.

(Ord. 481 § 7, 2003: Ord. 298 § 6.1, 1984).

A.

All uses listed in this section, and all matters directly related thereto are declared to be uses possessing characteristics of unique and special form as to make their use acceptable in any district under certain specific conditions, and therefore the authority for the location and operation of the uses designated herein shall be subject to the issuance of a use permit in accordance with the provisions of Chapter 17.40.

The planning commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with the uses in surrounding areas:

1.

Damage or nuisance from noise, smoke, odor, dust, or vibration;

2.

Hazard from explosion, contamination or fire;

3.

Hazard occasioned by unusual volume or character of traffic or the congregating of a large number of people or vehicles;

4.

Danger to public safety.

B.

The uses referred to in this section are as follows:

Public buildings, schools, parks and other public recreational facilities, churches, and other semipublic uses. Public and private uses of school district property when the uses are, in the opinion of the planning commission, compatible with and not detrimental to the neighborhood in which the school district property is located;

2.

Hospitals, convalescent hospitals;

3.

Institutions of a philanthropic or charitable nature;

4.

Temporary uses of not more than forty-five days duration.

C.

Exceptions. Short-term fundraising events conducted by nonprofit organizations in private or public areas such as schools and parks, for not more than two (2) consecutive days and which could be constructed to be ancillary to the basic use of the area, are exempt from the requirement of a use permit.

(Ord. 298 § 6.2, 1984).

17.32.030 - Public utility facilities.

A.

Conditional Use in All Districts. Subject to obtaining a use permit pursuant to Chapter 17.40 of this title, public utility facilities shall be allowed in all districts; provided, however, that no use permit shall be required in any of the following cases:

1.

Where the public utility facilities are owned and/or operated by the city;

2.

Where regulation of the public utility by the city is preempted by federal or state law;

3.

Where the public utility facilities are being operated pursuant to a franchise or other form of operating agreement between the city and the public utility.

B.

Height Limit. The maximum height of public utility facilities shall be thirty-five (35) feet. The use permit may authorize this height to be exceeded when necessary to comply with clearance, safety, or operational requirements for utility lines and structures.

C.

Undergrounding of Utilities.

1.

As a condition to the granting of any permit or approval under this title for a development project, the city engineer may require that existing or proposed public utility facilities be placed underground, to the extent it is reasonably possible to do so. Where compliance with this subsection would cause undue hardship, the city engineer may waive the requirement for undergrounding but may require that facilities be installed in the building for future underground service.

2.

Public utility facilities that are not placed underground shall be screened from view with landscaping or fencing in a manner that will provide access to the facilities for meter reading, maintenance and repairs.

3.

Prior to the issuance of a building permit for construction of a new main structure which is not serviced by underground public utilities, the property owner shall execute a covenant running with the land, and enforceable by the city, whereby the owner waives the right to protest inclusion of the property within an underground utility district. Such agreement shall specifically reserve the right of the property owner to contest the nature or amount of assessments that may be levied by the underground utility district.

D.

Utility Meters. Public utility meters shall be enclosed or screened from view from any public area or adjacent properties, while preserving reasonable access for reading and maintenance by the utility company.

E.

Notwithstanding any other provision in this section, wireless telecommunications facilities shall be regulated exclusively by Section 17.32.032 of this chapter.

(Ord. 508 § 1, 2005; Ord. 481 § 8, 2003: Ord. 298 § 6.3, 1984).

A.

Purpose. The purpose of these regulations is to accommodate wireless telecommunication facilities in a manner which will not adversely impact surrounding uses and properties and is compatible with the community.

B.

Definitions. The following definitions shall be applicable to this section:

1.

"Minor modification" means any request for collocation of new transmission equipment, removal of transmission equipment, or replacement of transmission equipment at an existing facility that does not result in a substantial modification to the physical dimensions of the facility.

2.

"Existing facility" means any wireless telecommunications facility lawfully constructed and in operation at the time a request to modify said facility is made.

3.

"Residential district" means the following districts as shown on the city's zoning map: R-1 Residential district; R-2 Residential zoning district; R-3 Residential zoning district; R-BA Brisbane acres residential district; PD planned development district for the Northeast Ridge, and the site of any property located within the SCRO Southwest Bayshore commercial district having a residential structure existing or to be constructed thereon.

4.

"Substantial modification" means a modification to an existing facility that meets any of the following criteria:

a.

For wireless telecommunications towers outside of public rights-of-way, an increase in the height of the existing tower by more than ten percent (10%), or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for wireless telecommunications towers in the public rights-of-way and for all base stations, an increase in the height of the existing tower or base station by more than ten percent (10%) or ten feet, whichever is greater; or

b.

For wireless telecommunications towers outside of public rights-of-way, an appurtenance that protrudes from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for wireless telecommunications towers in the public rightsof-way and for all base stations, an appurtenance that protrudes from the edge of the structure more than six (6) feet; or

c.

Installation of more than four (4) cabinets;

d.

Any excavation or construction outside the structural footprint of the wireless telecommunications tower or base station;

e.

Defeats one or more of the existing concealment elements of the wireless telecommunications tower or base station; or

f.

Does not comply with conditions associated with the prior approval of construction or modification of the wireless telecommunications tower or base station, unless the non-compliance is due to a change that would otherwise not be defined as "substantial modification" as identified herein.

5.

"Wireless telecommunication facility" means a base station, tower, and associated transmission equipment (as those terms are defined in 47 Code of Federal Regulations, Section 1.40001(b)) established for the purpose of providing commercial wireless transmission of voice data, images or other information, including but not limited to radio, television, cellular phone service, personal communication service and paging services. Noncommercial antennas, radio and television signals, and noncommercial satellite dishes are excluded.

C.

Location Requirements.

1.

Prohibition. Wireless telecommunication facilities are prohibited in all of the following locations:

a.

All open space districts;

b.

All residential districts; and

c.

Any location within six hundred (600) feet from the nearest boundary of a residential district.

2.

Allowable Locations—Permits. New wireless telecommunication facilities or substantial modifications to existing facilities may be allowed at any location not subject to the prohibition set forth in subsection (C)(1) above, upon the granting of either an administrative permit by the zoning administrator or a use permit by the planning commission, as may be applicable. The administrative permit or use permit shall also constitute a design permit for the facility and a separate design permit shall not be required. The permit may be issued subject to any conditions or requirements deemed appropriate by the approving authority to mitigate potential impacts that may be caused by the proposed facility. Minor modifications are subject only to building permit approval.

3.

Existing Facilities. Wireless telecommunication facilities lawfully installed prior to the effective date of this section, within any location that would be prohibited under subsection (C)(1) above, shall be allowed to continue pursuant to the approval granted for such facilities and shall not be classified as nonconforming uses.

D.

Administrative Permit.

1.

Issuance of Administrative Permit by Zoning Administrator. Wireless telecommunication facilities that comply with the applicable development and operational standards set forth in subsection G of this section may be approved by an administrative permit granted by the zoning administrator under any of the following circumstances:

a.

Building or roof-mounted antenna;

b.

Antennae which are architecturally integrated with a building so as not to be recognized as antennae;

c.

Co-location of equipment to an existing approved support structure;

d.

Antennas mounted on other existing structures or similar replacement structures, such as water tanks, utility poles, light poles, or ball field lighting;

e.

A stealth facility constructed to appear as another object such as a tree, flag pole, or architectural feature;

f.

Expansion of an existing support structure up to a maximum height of seventy (70) feet, or the addition of dish antennae up to four (4) feet in diameter or whip antennae on existing support structures.

2.

Notice to Adjacent Property Owners. If the zoning administrator determines that an administrative permit should be granted, the zoning administrator shall give written notice of such intended decision to all persons shown on the latest adopted tax roll as owning property within three hundred (300) feet from the boundaries of the site on which the wireless telecommunication facilities will be located. The notice shall generally describe the nature, design and location of the proposed facilities and advise the property owners

that they may submit written comments on the intended decision by a certain date, which shall be not less than ten (10) days from the date of mailing the notice. The notice shall also advise the property owners that they have the right to appeal a decision of the zoning administrator to the planning commission. The zoning administrator shall send a copy of the final decision on the application to each person who has submitted written comments within the time prescribed in the notice.

3.

Referral to Planning Commission. The zoning administration may refer any application to the planning commission for a decision thereon if the zoning administrator determines that the application does not, or may not, qualify for an administrative permit, or if there are special circumstances concerning the application that would justify a public hearing and consideration by the planning commission. An application referred by the zoning administrator to the planning commission shall be processed in accordance with the same procedure applicable to a use permit.

E.

Use Permit. A use permit granted by the planning commission pursuant to Chapter 17.40 of this title shall be required for any wireless telecommunication facility that does not qualify for a building permit or an administrative permit under subsections C and D of this section.

F.

Application Requirements. In addition to any other documents that must be furnished as part of the administrative permit or use permit application, the applicant shall also provide the following items:

1.

A photo simulation showing the appearance of the proposed facility where most prominent from public view.

2.

Documentation showing that alternative sites for the proposed facility were considered and the reasons for rejecting such sites.

3.

For use permit applications only, plans showing that the proposed facility has been designed for colocation of at least one other carrier, or if not, the reasons why a design for co-location cannot be used for that facility.

G.

Development and Operational Standards. All wireless telecommunication facilities subject to administrative or use permit approval shall comply with the following development and operational standards:

Facilities shall be sited to minimize views from the public right-of-way and screened by buildings and/or trees where possible.

2.

Facilities shall not create an overconcentration of poles or visible equipment so as to avoid excessive visual impacts in localized areas.

3.

The height of antennae and support structures shall be limited to the minimum necessary to provide adequate coverage while avoiding the proliferation of additional facilities. However, an antenna or its support structure shall not exceed seventy (70) feet in height, unless a variance from this limitation is granted by the planning commission pursuant to Chapter 17.46 of this title.

4.

Where an equipment building accompanies the structure, it shall be designed, colored and textured to match adjacent buildings or screened from view. Landscaping may be required to screen views of the facility from the public right-of-way.

5.

Underground vaults may be required in order to mitigate physical, aesthetic, or safety considerations which cannot be otherwise mitigated.

6.

All facilities shall be designed to prevent unauthorized access.

7.

All new wireless telecommunication facilities shall be designed and operated in conformance with applicable American National Standards Institute (ANSI) standards and in compliance with all applicable Federal Communication Commission (FCC) standards.

8.

Support structures shall be either galvanized steel or painted to blend with their surroundings. Permitted dishes and antennae shall be galvanized steel or painted to match the existing building or support structure.

H.

Removal of Facilities. If a facility is abandoned or if the administrative permit or the use permit is revoked or becomes void, then the facility shall be removed.

(Ord. 508 § 2, 2005).

(Ord. No. 595, § 1, 5-21-15)

An agreement and declaration of restrictions to be enforceable by the city and to run with the land, whereby the owner acknowledges the existing land use of the property and that the construction of any additional dwelling units on the property is prohibited, shall be executed by the property owner prior to the issuance of a residential building permit or building permit revision which would result in either of the following:

A.

More than one kitchen, which is a room containing gas or electric utilities and a sink larger than one foot in any dimension suitable for food preparation purposes;

B.

Any room, including a garage, with all of the following:

1.

A minimum of seventy (70) square feet of floor space,

2.

Exterior access to the street without passage through the remainder of the dwelling unit, or interior access limited to a stairway, common hallway or entryway,

3.

Gas or electric utilities,

4.

Hot and cold water connections and wastewater outlet, other than adjacent to a toilet,

5.

Access to a toilet not through a common hallway or entryway.

(Ord. 384 § 6, 1993).

Trailers or motor homes shall be used for human habitation or occupied for living or sleeping quarters only when located within a licensed trailer park. Trailers, motor homes or boats maintained upon any lot, or parcel of land, other than the trailer park, shall comply with the following conditions:

A.

Such vehicle or boat shall not be maintained in any required front yard.

B.

Such vehicle or boat shall not be located closer than five (5) feet to any main building other than the owner's.

(Ord. 298 § 6.4, 1984).

17.32.050 - Fences, hedges and walls.

A.

General Regulations. Fences, hedges and walls may be erected subject to the following conditions:

1.

Unless otherwise provided elsewhere in this title, fences, hedges and walls not exceeding six (6) feet in height may be constructed in any district within any required setback area, except as follows:

a.

Where the director of public works determines that visibility would be affected, the height of fences, hedges and walls shall be reduced to not less than three (3) feet.

b.

Chain-link fences shall not be constructed in or adjoining any R residential district, except as provided in subsections (B)(4) and (B)(5).

c.

Razor wire, barbed wire and similar materials with sharp edges or points shall not be used for fencing in any district, except as provided in subsection (B)(5). Other non-standard fencing materials may be similarly restricted per guidelines approved by the planning commission.

d.

As a condition of approval for properties subject to the San Bruno Mountain Area Habitat Conservation Plan, the planning commission shall restrict the height, location and/or design of fencing to maintain sufficient openness to allow passage of butterflies while remaining consistent with building code requirements.

2.

Where a fence is proposed to be constructed, or has been constructed, adjacent to city property, a boundary survey or other evidence of the location of the fence shall be submitted to the director of public works upon request if the director determines that a question exists as to whether the fence encroaches on public property.

3.

When construction of a fence impairs the visibility of address numbers on a house, such numbers shall be relocated with approval of the fire prevention officer.

B.

Exceptions.

1.

The community development director may approve retaining walls located in any required setback area having a height (as defined in Section 17.02.400) in excess of six (6) feet and falling within any one of the following categories:

a.

The surface of the retaining wall is treated with coloring, texture, architectural features, trelliswork, or other means that will visually divide the height of the retaining wall into horizontal sections of no more than six (6) feet.

b.

Water-conserving, non-invasive landscaping of sufficient size at maturity will be planted and maintained to provide screening so that no more than six (6) feet of the height of the retaining wall would remain visible.

c.

The retaining wall is located on a cut slope so that it is not readily visible from off the site.

2.

Fence heights may exceed six (6) feet through the addition of up to two (2) feet of wooden lattice on top within the required side and rear setbacks in the R-1, R-2, R-3, R-BA and NCRO-2 districts, but not within the front setback required per the district's development regulations.

3.

Metal rail-and-picket fences and black or dark green vinyl-coated chain-link fences not exceeding eight (8) feet in height may be constructed in the C-1, TC-1 and M-1 districts.

4.

Temporary chain-link demolition/construction barricades not exceeding eight (8) feet in height are permitted in all districts, subject to removal prior to final inspection.

5.

In the R-MHP district, fence heights may be constructed up to eight (8) feet along the mobile home park perimeter, except that fence heights may be constructed up to ten (10) feet along the mobile home park perimeter abutting a public right-of-way.

6.

All other exceptions to the general regulations set forth in subsection 17.32.050(A) shall require approval by the planning commission. Application for such exception shall be filed with the community development

director and shall be accompanied by payment of a processing fee in such amount as established from time to time by resolution of the city council. The planning commission may grant the exception upon making all of the following findings:

a.

The exception is necessary by reason of unusual or special circumstances or conditions relating to the property in order to gain full use and enjoyment of the property.

b.

The proposed fence, hedge or wall will not create a safety hazard for pedestrians or vehicular traffic.

c.

The appearance of the fence, hedge or wall is compatible with the design, appearance and scale of the existing buildings and structures in the neighboring area.

(Ord. 483B § 2, 2003: Ord. 462 § 3, 2002: Ord. 298 § 6.5, 1984).

(Ord. No. 557, § 1, 4-4-11; Ord. No. 630, § 5, 12-6-18)

17.32.055 - Exceptions—Lot area, lot dimensions and lot lines.

A.

Limitations on Substandard Lots.

1.

R-1, R-2 and R-3 Districts:

a.

A substandard lot of record, less than five thousand (5,000) square feet in area, shall be considered conforming for a single-family dwelling, if the lot was not owned in common with contiguous property in the same district on October 27, 1969.

b.

A property in the R-1 Residential District consisting of four (4) contiguous lots of record totaling at least nine thousand six hundred fifty (9,650) square feet that were owned in common on October 27, 1969, may be developed as two (2) sites, each consisting of one pair of contiguous lots.

c.

Contiguous substandard lots owned in common may be subject to merger in compliance with this section and Chapter 16.12.

Districts where multifamily or mixed-use development is permitted: A legal lot of record that does not meet the district minimum lot size may be developed as a housing development project as provided in the applicable district regulations and Government Code Section 65913.11.

3.

All Districts:

a.

In any district, a substandard lot may be developed under the exceptions provided in the applicable district regulations.

b.

Any substandard lot created through a parcel map, resubdivision or lot line adjustment approved by the city after October 27, 1969, shall be recognized as a standard lot.

B.

Urban Lot Split. A lot may be created and developed in the R-1 and R-BA districts that does not conform to the district lot area and dimension requirements, subject to the requirements of the Two-unit Development Residential Overlay District, as set forth in Chapter 17.05.

C.

Modification in Conjunction with Application for Tentative Map. The planning commission may approve an application for a modification to the lot dimension regulations set forth in Title 17, Zoning, for real property located in any subdivision proposed in compliance with Title 16, Subdivisions, subject to the following findings:

1.

The property is of such size or shape, or is subject to such title limitations of record, or is affected by such topographical location or conditions, or is to be devoted to such use that it is impossible, impractical or undesirable in a particular case for the subdivider to fully conform to the regulations;

2.

Each lot or parcel subject to the modification will be capable of being developed in accordance with the other applicable provisions of the zoning ordinance; and

3.

The modification conforms with the spirit and purpose of this title.

C.

Lot Line Adjustment. In compliance with the procedures set forth in Chapter 16.32 of Title 16, Subdivisions, the planning director may approve a lot line adjustment that will not increase the degree of noncompliance

or otherwise increase the discrepancy between existing conditions and the requirements of the zoning ordinance, even though the resulting parcels may not fully comply with the development regulations of the applicable zoning district.

D.

Elimination of Interior Lot Lines. A property owner may eliminate an interior lot line between record lots in common ownership through recordation of a declaration of merger signed by the property owner and acknowledged by the community development director.

(Ord. No. 575, § 7, 12-3-12; Ord. No. 695, § 6, 4-17-25)

17.32.060 - Exceptions—Height limit.

A.

Chimneys which do not exceed three (3) feet in width or depth may exceed the height limit by no more than five (5) feet except as required to comply with the California Building Code.

B.

Where cupolas, flag poles, monuments, radio and other towers, water tanks, church steeples, mechanical appurtenances and similar structures are permitted in a district, height limits therefore may be exceeded upon the securing of a use permit. Wireless telecommunications facilities shall be subject to the height exception procedures set forth in Section 17.32.035.

C.

Rooftop solar energy systems may exceed the maximum building height limit of the applicable zoning district in accordance with the following procedures:

1.

Rooftop solar energy systems, including those for water heating as well as photovoltaic purposes, that do not extend more than twenty-four (24) inches above the roofline of the structure on which they are mounted, measured from the exterior roofing material to the highest point of the panel, are exempt from maximum building height limits in all zoning districts.

2.

Rooftop solar energy systems that extend more than twenty-four (24) inches above the roofline of the structure on which they are mounted, measured from the exterior roofing material to the highest point of the panel, may exceed the height limit through approval of an administrative permit by the zoning administrator. If the zoning administrator determines that the granting of the permit would not result in a specific adverse impact upon the public health and safety, the zoning administrator shall give written notice of the intended approval to property owners and occupants on both sides of, to the rear of and directly across the street from the site on which the system is proposed to be located. The notice shall generally describe the nature, design and location of the proposed system and advise the recipients that they may submit written comments on the intended decision by a certain date, which shall be not less than twenty-one (21) days

from the date of mailing the notice. The notice shall also advise the recipients that they have the right to appeal a decision of the zoning administrator to the planning commission. The zoning administrator shall send a copy of the final decision on the application to each person who has submitted written comments within the time prescribed in the notice.

D.

Exceptions to the height limit to accommodate accessibility improvements (such as elevators) may be permitted pursuant to Section 17.32.080 of this chapter.

(Ord. 349 § 6, 1989: Ord. 298 § 6.6, 1984).

(Ord. No. 558, § 2, 4-4-11; Ord. No. 622, § 5, 11-16-17; Ord. No. 695, § 7, 4-17-25)

A.

Notwithstanding any other provision of this title, certain structures or portions thereof may extend into a front, rear or side setback area to the extent permitted by the following chart:

1.

Projections from a Building.

a.

Overhanging Architectural Features (Such as Eaves, Cornices Canopies, Rain Gutters and Downspouts).

b.

Cantilevered Windows No Greater Than Ten (10) Feet in Length That Do Not Include Any Floor Area (Such as Bay, Box, Bow, and Greenhouse Windows).

c.

Supported Decks, Cantilevered Decks and Balconies.

Modifications. The planning commission may approve a modification to the foregoing exceptions if there are not more than two (2) units on the site and the planning commission is able to make all of the following findings:

i.

The modification is necessary in order to gain access to the property or to the dwelling unit on the property.

ii.

The modification is necessary because of unusual or special circumstances relating to the configuration of the property.

iii.

The visual impacts of the modification have been minimized.

d.

Deck Railings within Setback Areas.

e.

Stairs, Ramps and Landings (That Are Open and Uncovered and Serve Buildings with No More Than Two Units).

Modifications. The planning commission may approve a modification to the foregoing exceptions for stairs, ramps and landings if there are not more than two units on the site and the planning commission is able to make all of the following findings:

i.

The modification is necessary in order to gain access to the property or to the dwelling unit on the property.

ii.

The modification is necessary because of unusual or special circumstances relating to the configuration of the property.

iii.

The visual impacts of the modification have been minimized.

The planning commission may also approve a modification to the foregoing exceptions as part of a design permit being granted for three (3) or more units on the site, if the commission is able to make all of the findings listed above.

f.

Accessibility Improvements (Such as Ramps). Exceptions to the setbacks to accommodate accessibility improvements may be permitted pursuant to Section 17.32.080 of this chapter.

2.

Small Free-Standing Structures.

a.

Small Accessory Buildings and Roofed Structures (Such as Gazebos, Greenhouses, Garden and Utility Sheds).

Modifications. The zoning administrator may approve a modification to the foregoing exceptions for small accessory buildings and roofed structures, following the conduct of a hearing with ten (10) days' notice thereof being given to the owners of all adjacent properties, if the zoning administrator is able to make all of the following findings:

i.

The modification will not result in overbuilding the site or result in the removal of significant greenscape.

ii.

The modification will not create any significant adverse impacts upon adjacent properties in terms of loss of privacy, noise, or glare.

iii.

The accessory structure is designed to be compatible with the primary dwelling(s) on the site.

A building permit shall be required to construct or install any accessory structure for which a modification has been granted under this subsection.

b.

Unroofed and Openwork Roofed Garden Structures (Such as Arbors, Porticos, Trellises and Lath Houses).

Modifications. The zoning administrator may approve a modification to the foregoing exceptions for unroofed and openwork roofed garden structures, following the conduct of a hearing with ten (10) days' notice thereof being given to the owners of all adjacent properties, if the zoning administrator is able to make all of the following findings:

i.

The modification will not result in overbuilding the site or result in the removal of significant greenscape.

ii.

The modification will not create any significant adverse impacts upon adjacent properties in terms of loss of privacy, noise, or glare.

iii.

The accessory structure is designed to be compatible with the primary dwelling(s) on the site.

3.

Miscellaneous Improvements.

a.

Garages and Carports and Parking Decks on Slopes of Fifteen Percent (15%) or Greater.

b.

Decorative Artwork, Ponds, Fountains and Similar Water Features, Not More Than Six (6) Feet in Height.

c.

Existing Permitted Garages or Accessory Buildings Converted into Accessory Dwelling Units.

Front setback area: May be placed at any location within the front setback area.

Rear setback area: May be placed at any location within the rear setback area.

Side setback area: May be placed at any location within the side setback area.

4.

Accessory Dwelling Units.

a.

Exceptions to the setback requirements for detached accessory dwelling units shall be as established in Chapter 17.43.

b.

Attached accessory dwelling units within a principle or primary structure are subject to the setback exceptions contained within Section 17.32.070.

B.

The exceptions set forth in subsection A of this Section 17.32.070 shall not be construed to include chimney boxes, swimming pools and spas, exposed plumbing, or mechanical equipment such as heating and air conditioning units or pool pumps, and no exceptions to the setback requirements shall be permitted for any of these structures.

C.

Any structure, architectural feature, wall, or other improvement lawfully constructed within a setback area and constituting a nonconforming structure as defined in Section 17.02.560, may be allowed to continue in accordance with Chapter 17.38 of this title.

(Ord. 483B § 3, 2003: Ord. 483A § 1, 2003; Ord. 372 § 13, 1992: Ord. 349 § 7, 1989: Ord. 298 § 6.7, 1984).

(Ord. No. 576, § 5, 5-19-16; Ord. No. 615, § 3 2-2-17; Ord. No. 653, § 24, 10-15-20; Ord. No. 695, § 8, 4- 17-25; Ord. No. 700, § 5, 10-2-25)

17.32.080 - Requests for reasonable accommodations.

A.

Existing Development: Modifications or exceptions to the regulations set forth in Title 17 that are not otherwise addressed may be granted as reasonable accommodations for residential and non-residential improvements to existing development, when designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Such requests shall be granted by the planning director through a building permit, if the building permit application demonstrated that:

The exception is necessary for current or future accessibility to the property or building by persons with disabilities and such accessibility cannot be addressed within either the applicable zoning district height limits or setbacks, or through other exceptions provided in this title.

2.

The accessibility improvement(s) will be constructed in compliance with all applicable provisions of the state and local building and fire codes concerning accessibility for persons with disabilities.

3.

The development was completed, including a final inspection, three or more years prior to the application for reasonable accommodation. Otherwise, the application for reasonable accommodation shall be considered as being for new development.

B.

New Development: Modifications or exceptions to the regulations set forth in Title 17 that are not otherwise addressed may be granted as reasonable accommodations for residential and non-residential development, when designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Such requests may be granted by the zoning administrator through application for an accessibility improvement permit, following the conduct of a hearing with ten (10) days' notice thereof being given to property owners and occupants on both sides of, to the rear of and directly across the street from the site. The zoning administrator may issue the accessibility improvement permit if he or she finds and determines that:

1.

The exception is necessary for current or future accessibility to the property or building by persons with disabilities and such accessibility cannot be addressed within either the applicable zoning district height limits or setbacks, or through other exceptions provided in this title.

2.

The accessibility improvement(s) will be constructed in compliance with all applicable provisions of the state and local building and fire codes concerning accessibility for persons with disabilities.

(Ord. No. 558, § 3, 4-4-11; Ord. No. 695, § 9, 4-17-25)

Whenever an official plan line has been established for any street or proposed street, yards required by this title shall be measured from such plan line and in no case shall the provisions of this title be construed as permitting any encroachment upon any official plan line.

(Ord. 298 § 6.9, 1984).

Editor's note— Ord. No. 575, § 8, adopted December 3, 2012, repealed § 17.32.100, which pertained to limitations on substandard lots and derived from Ord. 298, 1984.

Editor's note— Ord. No. 630, § 4, adopted December 6, 2018, repealed § 17.32.110, which pertained to mobile home parks and derived from Ord. No. 298, 1984 and Ord. No. 515, 2006.

Horses may be kept in any district except R-1, R-2, R-3, NCRO and SCRO-1, subject to the securing of a use permit as provided in Chapter 17.40.

(Ord. 298 § 6.13(A), 1984).

(Ord. No. 606, § 2, 4-21-16)

Horses may be kept and maintained in any allowed district as heretofore set forth, subject to the following general requirements, which may be modified in particular cases.

A.

The minimum lot area upon which any horse may be kept shall be one acre; and two (2) horses may be kept on such a parcel; one additional horse may be kept on each one-half (½) acre in addition to the one acre minimum.

B.

The minimum distance of a stable from any neighboring house existing at the time of issuance of the original permit shall be one hundred (100) feet.

C.

The minimum distance of the stables from the residence on the same lot shall be forty (40) feet.

D.

The minimum distance of a stable building from any property line shall be forty (40) feet.

E.

The minimum distance of a corral from any property line shall be twenty-five (25) feet.

(Ord. 298 § 6.13(B), 1984).

A.

All corrals shall be enclosed by a substantial fence.

B.

Stables shall be of Class 5 or better construction as defined in the city building code and, in addition, shall conform to the following requirements:

1.

The stable floor shall consist of a six-inch rock base on which is compacted not less than six (6) inches of clay.

2.

There shall be constructed a fly-tight metal or reinforced concrete manure bin with fly-tight tarpaulin. Manure shall be removed every three (3) days or may be stockpiled.

3.

Each stable shall contain a rat-proof, concrete, wire mesh or metal or plaster-lined feed room for the storage of feeds other than hay or alfalfa.

4.

Corrals shall be kept in a clean and sanitary manner and shall be thoroughly cleaned once a week. Under no circumstances shall manure be left in the corral furnishing a breeding place for flies and insects.

5.

Stable buildings shall be cleaned daily and periodically sprayed to prevent the breeding of flies and insects.

6.

It is declared to be a nuisance and it is unlawful to keep any horses on premises in an offensive, obnoxious or unsanitary condition.

(Ord. 298 § 6.13(C), 1984).

Every parcel of land upon which horses are maintained shall be well drained. The surface of all corrals and paddocks shall be graded so as to prevent the accumulation of storm or casual waters.

(Ord. 298 § 6.13(D), 1984).

A commercial stable is a stable operated for the hire of horses, or the boarding or training of horses that are owned by persons other than the operator of the stable; commercial stables shall in addition to the other provisions of this title conform to the following requirements:

A.

Minimum lot size shall be five (5) acres.

B.

The stable shall not be located closer than two hundred (200) feet from the nearest neighboring dwelling existing at the date of issuance of the permit.

C.

A stable shall not be located closer than one hundred twenty-five (125) feet from any property line.

D.

The minimum distance of a corral from any property line shall be seventy-five (75) feet.

E.

A commercial stable shall be under the full-time supervision of an attendant.

(Ord. 298 § 6.13(E), 1984).

The planning commission may add as conditions of a use permit additional rules and regulations to govern the location, maintenance and construction of corrals, stables and pastures.

(Ord. 298 § 6.13(F), 1984).

To encourage the use of solar energy systems, the systems shall be permitted to the extent that they conform to the regulations for structures contained in this chapter. Solar energy systems to be installed on the roof of an existing building may exceed the height limit through approval of an administrative permit by the zoning administrator in accordance with the process established in Section 17.32.060(C). Where the systems would not conform to the regulations for the district within which they would be located and no exceptions to those regulations are applicable, they shall be treated as conditional uses, subject to obtaining a use permit, which shall be approved, provided the establishment and use of the system would pose no threat to the public health and safety. Reasonable restrictions or conditions may be imposed, provided they do not significantly increase the cost of the system or significantly decrease its efficiency.

(Ord. 298 § 6.14, 1984).

(Ord. No. 606, § 3, 4-21-16)

17.32.200 - Television satellite receivers.

A.

Equipment designed to receive satellite television signals for non-commercial use on residential structures may be permitted in all districts, subject to compliance with the provisions of subsections C and D of this section. Satellite television receivers intended for commercial use are permitted in all districts subject to obtaining a use permit.

B.

Such equipment may be placed on the roofs of structures only if the roof is constructed to be capable of supporting such equipment.

C.

Such equipment shall be set back at least ten (10) feet from any property line.

D.

The equipment shall be designed and located so as to minimize visual impact of the equipment from off the site.

(Ord. 298 § 6.15, 1984).

(Ord. No. 606, § 4, 4-21-16)

These facilities are not allowed in the city as either permitted or conditional uses. These facilities are felt to be appropriate only in commercial areas that clearly are separate from residential areas. Due to the small, compact nature of Brisbane, its commercial areas are in close proximity to residential areas.

(Ord. 298 § 6.16, 1984).

17.32.220 - Grading permit; when review by planning commission is required.

Grading permits to be issued by the director of public works/city engineer under Chapter 15.01 of this code shall be reviewed by the planning commission, at a noticed public hearing, as provided in Section 15.01.110.

(Ord. No. 579, § 2, 6-2-22)

Editor's note— Ord. No. 579, § 2, adopted June 2, 2022, repealed the former § 17.32.220 and enacted a new § 17.32.220 as set out herein. The former § 17.32.220 pertained to grading permit—when required and derived from Ord. 298 § 6.17, adopted in 1984; and Ord. No. 606, § 5, adopted April 21, 2016.

All building permit applications shall be reviewed consistent with the procedures and standards for floodplain management established in Chapter 15.56, Floodplain Management.

(Ord. 298 § 6.18, 1984).

(Ord. No. 606, § 6, 4-21-16)

A.

Occupancy of Incomplete Buildings. Prior to authorization of the occupancy of any building before its completion, the completion of landscaping or required off-street parking or any other physical development of the site constituting a required on-site or off-site component of project approval, the applicant shall file with the planning director a faithful performance bond executed by a corporate surety authorized to do business in California, or by cash deposited with the city, guaranteeing completion of the required improvements within sixty (60) days of occupancy. The amount of the bond shall be approved by the planning director to guarantee completion of the required work. The form of the bond shall be approved by the city attorney.

B.

Removal of Existing Structures. When a new structure on a lot is proposed and one or more uses or structures are contemplated or required to be removed in connection with developing the proposal, the applicant shall file with the planning director, prior to issuance of the building permit for the new structure, a faithful performance bond executed by a corporate surety authorized to do business in California, or by

cash deposited with the city, guaranteeing removal of the existing use or structure within sixty (60) days of completion of the new structure. The amount of the bond shall be approved by the planning director as sufficient to accomplish the removal. The form of the bond shall be approved by the city attorney.

(Ord. 298 § 6.19, 1984).

Where landscaping is required, the applicant and property owner shall execute an agreement with the city for the continued maintenance of the landscaping. The agreement shall be executed prior to issuance of any city permits.

(Ord. 298 § 6.20, 1984).

A.

For purposes of this section, an "election sign" is a non-commercial sign of a political nature that directly relates to a candidate or to a ballot measure in an election conducted by a governmental entity and that is placed on property within the City of Brisbane.

B.

An election sign shall:

1.

Not exceed ten (10) square feet,

Not exceed three (3) feet in height above the finished grade if the election sign is freestanding,

3.

Not create a site distance hazard for persons using the adjacent roadway,

4.

Be illuminated only by ambient lighting, and

5.

Be removed within five (5) days following the election by the person who placed the election sign or by the owner/occupant of the property on which the election sign has been placed.

C.

An election sign shall be placed on private property only with the consent of the private property owner and/or the occupant of the private property.

D.

An election sign shall not be placed on any utility poles nor on any public property or right-of-way except as follows:

1.

The southwest corner of the intersection of Monarch Drive and Mission Blue Drive; and

2.

The northernmost portion of the curve in Old County Road, directly opposite the Community Park signboard.

E.

For city council candidates and city ballot measures, each candidate or campaign committee chair shall sign a pledge to remove all election signs concerning the candidate/ballot measure following the election.

(Ord. No. 640, § 1, 7-18-19)

Chapter 17.33 - CANNABIS BUSINESSES

The purpose of this chapter is to regulate the operation of cannabis businesses, and the research and development of cannabis and cannabis products, to safeguard the public health and general welfare of business owners and employees and of the City of Brisbane at large.

(Ord. No. 617, § 16, 9-7-17)

All cannabis businesses and research and development businesses involving cannabis must comply with all of the operating standards contained in this section, subject to review and determination by the police chief.

A.

State License and Accreditation. Beginning at such a time that the State has begun to issue licenses and at all times thereafter, cannabis businesses shall hold a valid state license for the equivalent state license type. Research and development testing laboratories for cannabis must hold a valid certificate of accreditation from the State of California per the requirements of Section 26100 of the California Business and Professions Code, as may be amended from time to time.

B.

Hours of Operation. All cannabis businesses shall be closed to the general public. Cannabis businesses that provide retail deliveries and pick-ups shall be closed between the hours of ten (10:00) p.m. and eight (8:00) a.m. All other cannabis business operations shall be subject to the operating hour regulations either as established in the underlying zoning district in which the business is located or as established by the planning commission in its approval of a conditional use permit for a cannabis business that requires a conditional use permit.

C.

Odor Control. Odors shall be contained on the property on which the business is located. If the city receives any odor complaints, permittees shall work with the building official to correct odor concerns. Unresolved or repeated odor complaints may be the basis for suspension or revocation of the business license or use permit, as applicable.

D.

Location of Business Activities. All aspects of the business, with the exception of incidental loading and offloading of cannabis or cannabis products, shall occur within the building where the business is being conducted. No production, distribution, warehousing, display, or wholesale of cannabis products shall be visible from the exterior of the building.

E.

Security Measures. All operators shall maintain a commercial burglar alarm monitoring system, and install a video surveillance system. Additional security measures may be required by the police chief consistent with the requirements of Section 17.33.030(B)(8) of this chapter.

F.

Security Breach. All operators shall notify the Brisbane Police Department immediately after discovering any of the following:

Diversion, theft, loss, or any criminal activity involving the cannabis or any agent or employee of the business.

2.

The loss or unauthorized alteration of business records related to employees or agents of the business.

3.

Significant discrepancies identified during inventory.

4.

Any other breach of security.

G.

Labeling. Labels and packages of cannabis and cannabis products shall meet all state and federal labeling requirements.

H.

Inspections and Records. Inspections shall be scheduled by the police chief whenever deemed necessary by the police chief. Inspections shall take place at a reasonable time with prior notice to the business operator. Upon request, the business operator shall timely provide the police chief with records related to

the business, including, but not limited to, utility bills from the commercial energy provider for the premises. This section shall not limit any inspection authorized under any other provision of law or regulation.

I.

Notification of Change in Ownership or Managerial Employee. All operators shall notify the Brisbane Police Department immediately upon a change in ownership or the hiring of new managerial employees. New business owners or managerial employees must provide all applicable information required by Section 17.33.030(B).

(Ord. No. 617, § 16, 9-7-17; Ord. No. 625, § 1, 4-5-18; Ord. No. 632, § 1, 12-6-18)

17.33.030 - Permit application for cannabis business.

A.

Prior to the city's granting of a use permit or business license for a cannabis business or research and development business involving cannabis, the applicant must demonstrate compliance with all operating standards contained in Section 17.33.020.

B.

In addition to the applicable submittal requirements associated with the use permit or business license application, the business operator must provide all of the following information on such forms provided by the city prior to use permit or business license issuance:

The name and address for each business owner and an explanation of the legal form of business ownership.

2.

Until such time when state licenses are being processed and issued pursuant to California Business and Professions Code Chapter 3.5, as may be amended, each owner and managerial employee shall submit electronic fingerprint images and related information required by the Brisbane Police Department. The fingerprint images shall be used to determine the existence and content of a record of state or federal convictions or arrests, including those for which the person is free on bail or on his or her own recognizance pending trial or appeal.

3.

The address and assessor's parcel number(s) of the location of the proposed business, and the name and contact information for the property owner(s).

4.

A description of the specific state license type(s) that the applicant either has obtained or plans to obtain. The applicant shall specifically document how it will meet the state licensing requirements.

5.

A description of the nature of the business, product types, average production amounts for each product type, and source of cannabis material, as applicable.

6.

Plans showing all proposed building and site improvements, including site plans, floor plans, mechanical, plumbing (including details showing all sewers, floor drains) and electrical plans. The plans shall clearly label and distinguish between the existing and proposed improvements and show all exterior building, interior building, and site modifications.

At a minimum, plans shall:

a.

Show all fixtures, equipment, and building improvements to be utilized for the production and processing of cannabis products.

b.

Comply with all applicable California Building Codes, as amended in Title 15.

c.

Be reviewed and stamped by an appropriately licensed engineer.

7.

A description of measures to reduce solid waste and green waste associated with the business.

8.

A description and documentation of how the owner(s) will secure the premises twenty-four (24) hours per day, seven (7) days per week, and how waste derived from cannabis will be disposed of in a manner to ensure it may not be utilized for unlawful purposes. These security measures shall include, but may not be limited to, the following:

a.

Preventing individuals from remaining on the premises if they are not engaged in activity expressly related to the operations of the permit.

b.

Establishing limited access areas accessible only to authorized personnel including security measures to both deter and prevent unauthorized entrance into areas containing cannabis or cannabis products and theft of cannabis or cannabis products.

c.

Storing all finished cannabis and cannabis products in a secured and locked room, safe, or vault, and in a manner that prevents diversion, theft, and loss.

d.

Providing tamper proof and tamper evident packaging for finished cannabis products.

e.

Preventing off-site impacts to adjoining or near properties.

9.

A written description of the weight in pounds of both raw and processed materials that will be received, stored on-site, and distributed from the site on a daily basis.

10.

Application processing and permit fees, as applicable.

11.

Signature of the business owner(s). The signature(s) shall be evidence of the owner's express consent to allow the police chief or his/her designee to enter and inspect the premises upon reasonable notice. The signature(s) shall additionally certify under penalty of perjury that the information submitted in the

application, including all supporting documents and materials, is to the best of the owner(s) knowledge and belief, true, accurate, and complete.

12.

The application shall be signed by the property owner(s). The signature(s) shall certify that he/she/it has reviewed the application, approves the use of the property for the purposes stated in the application, and agrees to allow the police chief or designee to enter and inspect the premises upon reasonable notice.

(Ord. No. 617, § 16, 9-7-17)

17.33.040. - Revocation of use permit or business license.

A.

Should the police chief determine at any time that the cannabis business or research and development business involving cannabis does not comply with the performance standards set forth in Section 17.33.020, the use permit shall be subject to the revocation procedures outlined in Chapter 17.48 and the business license shall be subject to the revocation procedures outlined in Chapter 5.16.

B.

Should the police chief determine at any time that the cannabis business or research and development business involving cannabis that is subject only to a building license does not comply with the performance standards set forth in Section 17.33.020, the business license shall be subject to the revocation procedures outlined in Chapter 5.16.

(Ord. No. 617, § 16, 9-7-17)

Chapter 17.34 - OFF-STREET PARKING[[8]]

Footnotes:

--- ( 8 ) ---

Editor's note— Ord. No. 576, § 6, adopted May 19, 2016, amended Chapter 17.34 in its entirety to read as herein set out. Former Chapter 17.34, §§ 17.34.010—17.34.130, pertained to similar material, and derived from Ord. No. 298, 1984; Ord. No. 324, 1987; Ord. No. 416, 1997; Ord. No. 417, 1997; Ord. No. 534, adopted February 17, 2009 and Ord. No. 556, adopted February 22, 2011.

In addition to the objectives set forth in Section 17.01.030, the off-street parking requirements are included in the zoning ordinance to achieve the following purposes:

A.

To provide for adequate off-street parking facilities by establishing clear relationships between building size and the parking required, so as to minimize the parking impacts of development upon surrounding

properties.

B.

To encourage housing designed for residents with special needs, including persons with disabilities.

C.

To facilitate the maintenance and improvement of the existing building stock.

D.

To provide for parking lot landscaping and permeable paving alternatives to reduce air and stormwater pollution.

E.

To minimize dependence on automobile travel by encouraging transportation alternatives in project design where appropriate.

F.

To implement and promote the goals and policies of the general plan so as to guide and manage development in the city in accordance with such plan.

(Ord. No. 576, § 6, 5-19-16)

A.

The following minimum parking requirements shall apply to all buildings erected, new uses commenced, and to the area of extended uses commenced after the effective date of this chapter. For any use not specifically mentioned in this chapter, the planning commission shall determine the amount of parking required. All required off-street parking facilities shall be on-site unless specified differently in this chapter or as permitted under Title 12 of this code. Required off-street parking facilities need not be provided as covered parking unless specified differently in this chapter:

any use not specifically mentioned in this chapter, the planning commission shall determine the amount of parking required. All required off-street parking facilities shall be on-site unless specified differently in this chapter or as permitted under Title 12 of this code. Required off-street parking facilities need not be provided as covered parking unless specified differently in this chapter:

B.

The minimum parking requirements shall be calculated according to the following:

1.

All references to square feet shall be in regards to floor area as defined in Chapter 17.02. The floor area of garages and carports shall not be included in measuring floor area to calculate the parking requirements, except for any floor area exceeding four hundred (400) square feet within a garage or carport exclusively for the use of a single residential unit.

2.

When more than one use subject to the parking requirements occupies a site, the requirements for each use shall be calculated separately. The floor area occupied by accessory uses, such as hallways, bathrooms, breakrooms, utility rooms and storage closets, shall be included in the calculation of the parking requirements for the associated primary use.

3.

No parking shall be required for accessory structures two hundred (200) square feet or less in floor area.

4.

When application of the parking requirements results in a fractional number, all fractions shall be rounded up from one-half (0.5) to the next whole number, except when specified otherwise. No parking shall be

required for uses for which the requirement is less than one-half (0.5) space.

(Ord. No. 576, § 6, 5-19-16; Ord. No. 615, § 4, 2-2-17; Ord. No. 653, § 25, 10-15-20; Ord. No. 700, § 6, 102-25)

A.

Required parking spaces, whether in a garage, carport or open area, shall not be used or converted for any other use that would impair their basic use as storage for motor vehicles.

B.

All off-street parking spaces, whether in a garage, carport or open area, shall be so located as to be accessible to the use which they are intended to serve and to be usable for the parking of motor vehicles.

C.

The required parking for each unit of a residential use shall be independently accessible from that required for any other unit. The property owner shall assign each unit the exclusive use of at least one standard-size parking space, which shall be a covered parking space, if such is required for the unit. If tandem parking is provided, the two (2) spaces in tandem shall be assigned together.

D.

Guest parking spaces required for multiple family developments shall be posted by the property owner as available for seventy-two (72) hour maximum use by the guests only of all residential units for which they are required.

(Ord. No. 576, § 6, 5-19-16)

A.

Tables. Off-street parking facilities shall comply with the design standards as set forth in Table 1, applicable to standard-size vehicles, and Table 2, applicable to compact vehicles, which appear immediately following this section. Variations to these tables may be approved by the city engineer, consistent with professionally accepted standards, where no more than two (2) forward turning movements would be necessary to enter or exit any parking space.

B.

Surfacing and Striping.

1.

Any off-street parking area shall be surfaced with a minimum of five (5) inches of imported base material and a double application of asphalt and gravel to the city engineer's approval, so as to provide a durable

and dustless surface and shall be so graded and drained as to dispose of all surface water accumulated within the area and shall be so arranged and marked as to provide for safe loading and unloading and parking of vehicles.

2.

Parking spaces shall be striped in compliance with the design standards in this chapter, except that parking spaces for residential uses of no more than two (2) units need not be striped. Plans for striping or restriping of required parking spaces shall be submitted for approval by the community development department in compliance with these standards prior to any work done.

3.

Permeable paving alternatives for parking spaces and low-traffic driveways may be approved by the city engineer to reduce the discharge of pollutants into storm sewers, in which case the means of delineating the parking spaces shall be subject to the approval of the community development department.

C.

Compact Cars. Up to fifty percent (50%) of the required parking spaces may be compact. For sites with two (2) or more residential dwelling units, at least one standard-size parking space shall be provided for each unit. Compact parking spaces shall be labeled as such on the pavement, except for residential uses of not more than two (2) units.

D.

Handicapped Parking. Parking designated as accessible by persons with disabilities shall be provided as required by state law.

E.

Parallel Parking. Parallel parking spaces shall be subject to the following standards: Spaces that are accessible from at least one end shall be eight (8) feet wide by twenty (20) feet long. Spaces located between other spaces or any obstruction shall be eight (8) feet wide by twenty-four (24) feet long. An additional one foot width shall be provided where the parking space would be located next to any obstruction more than six (6) inches tall.

F.

Tandem Parking. Tandem parking where no more than one parking space need be vacant to access another parking space shall be recognized as meeting the parking requirements for residential uses, as long as the parking spaces for each unit are accessible independently from those for any other unit.

G.

Garage Design.

Garages constructed after June 18, 2016 [the date this section takes effect], excluding those rebuilt subject to Section 17.38.080 or 17.38.090, shall comply with the following:

No washing machines, driers, water heaters, work benches, support posts and similar obstructions shall be located within the area of minimum width by minimum depth.

2.

For garages constructed after June 18, 2016 [the date this section takes effect], excluding those rebuilt subject to Section 17.38.080 or 17.38.090, garage doors shall be of a roll-up sectional design and shall be equipped with automatic garage door openers.

3.

Garages existing as of June 18, 2016 [the date this section takes effect], constructed in compliance with applicable standards that were in effect at the time the garage was issued a building permit, shall be considered conforming until such time as they are substantially modified or replaced, except that Section 17.38.090 shall apply in the event that they are damaged or destroyed by fire, flood, wind, earthquake, or other calamity.

H.

Driveway Grades. Driveway grades shall not exceed twenty percent (20%) unless approved by the city engineer. The grade of driveways required as fire apparatus access roads shall be as approved by the fire chief.

I.

On-site Turnaround.

1.

Off-street parking facilities shall be designed to provide on-site turnaround capability for a single-family residence, secondary dwelling unit or duplex with driveway access on any arterial street, including but not limited to Bayshore Boulevard or Guadalupe Canyon Parkway.

Off-street parking facilities shall be designed to provide on-site turnaround capacity for a complex of three (3) or more units with driveway access on any arterial or collector street, including, but not limited to, Bayshore Boulevard, Guadalupe Canyon Parkway, Old County Road, San Bruno Avenue or that portion of Visitacion Avenue within the NCRO-2 District.

3.

On-site turnaround capability shall be designed so as not to conflict with required parking spaces, including any recognized tandem spaces.

4.

Dwelling units existing as of June 18, 2016 [the date this section takes effect] shall be exempt from this requirement per Section 17.34.050(A).

J.

Parking Lot Landscaping.

1.

For any open parking area containing ten (10) or more parking spaces subject to design permit approval, landscape plans shall be submitted to provide trees, shrubs and ground cover, as appropriate. The landscape plans shall provide at least one tree for every ten (10) parking spaces, which may be planted in diamond-shaped tree-wells or parkway strips, located so as to break up expanses of paved area.

2.

The landscape plans shall use water conserving plants, plants that are not invasive, and plants and other landscape features that are appropriate to the context. New and rehabilitated, irrigated landscapes are subject to the provisions of the water conservation in landscaping ordinance (refer to Chapter 15.70) or the latest state provisions, whichever is more effective in conserving water.

3.

The landscape plans shall comply with the requirements of the federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CAS612008 and any amendment, revision or reissuance thereof.

K.

Bumper Overhangs. Off-street parking facilities may be designed to accommodate bumper overhangs of not more than two and one-half (2½) feet length for standard size parking spaces and two (2) feet for compact parking spaces. Bumper overhangs shall not block any required pedestrian accessway. Wheelstops, curbs and landscaping within the area of any bumper overhang shall not exceed five (5) inches in height above the pavement.

Table 1.

Design Requirements for Standard-Size Vehicles

==> picture [276 x 231] intentionally omitted <==

Table 2.

Design Requirements for Compact Vehicles

(Ord. No. 576, § 6, 5-19-16)

A.

Dwelling units existing as of June 18, 2016 [the date this section takes effect], constructed in compliance with applicable standards that were in effect at the time the dwelling unit was issued a building permit, shall be considered conforming in terms of the parking required by this chapter until such time as they are expanded, except as permitted in subsection B of this section, or replaced, except that Section 17.38.090 shall apply in the event that they are damaged or destroyed by fire, flood, wind, earthquake, or other calamity.

B.

A single-family dwelling or mobile home existing as of June 18, 2016 [the date this section takes effect] which does not have off-street parking facilities that conform with the requirements of this chapter may be expanded by a cumulative total of not more than four hundred (400) square feet of floor area without the need to bring the parking facilities into conformance or to obtain a use permit under Section 17.34.050(I) of this chapter; furthermore, such a single-family dwelling or mobile home may be expanded to a total floor area of not more than one thousand two hundred (1,200) square feet, if the total number of bedrooms does not exceed two (2). The following restrictions and requirements shall apply:

1.

The structure to be expanded shall constitute the principal structure and the only dwelling unit located on the site or mobile home park space.

2.

The square footage permitted by this section shall be reduced by the square footage of any prior expansion of the same structure that was made since January 1, 1986, regardless of whether an exception, use permit, variance, or other approval was granted for such prior expansion.

3.

The square footage permitted by this section shall be reduced by the square footage of any prior permitted expansion of the same structure which resulted in the loss of required parking spaces, such as the conversion of a garage to living area.

The expansion shall not result in the loss of any existing required off-street parking spaces that would increase the nonconformity of the existing off-street parking facilities.

5.

The proposed development shall comply with the requirements of Section 17.01.060 of this title, unless: (a) the structure to be expanded is located upon a lot of record, and (b) a public street abutting such lot of record provides the principal means of access to that lot.

6.

The total floor area shall not exceed the maximum permitted under the floor area ratio regulations for the applicable district, including or excluding covered parking as provided under those regulations.

7.

See Section 17.34.020(B)(1) regarding garage and carport exclusions from the floor area calculation.

C.

Storefront uses in the NCRO-2 District shall be exempt from the requirements of this chapter.

D.

For residential units designed and dedicated for use by persons with disabilities, subject to restrictions

approved by the city and recorded with the County of San Mateo, the parking requirement shall be one assigned van-accessible parking space (either covered or uncovered at the discretion of the applicant) per dedicated unit. Such spaces shall be conveniently located along an accessible path of travel to the dedicated unit, but shall not count as or conflict with the parking required to be reserved for persons with disabilities per Title 17 (Section 17.34.040(D)).

E.

For a residential unit occupied by a person with a disability, the zoning administrator shall have authority to grant an accessibility improvement permit authorizing a modification to any of the parking requirements prescribed by this chapter, following the conduct of a hearing with ten (10) days' notice thereof being given to the owners of all adjacent properties. The zoning administrator may issue the accessibility improvement permit if he or she finds and determines that:

1.

The modification is necessary to meet special needs for a person having a disability;

2.

The modification will not create any significant adverse impacts upon adjacent properties;

3.

Any construction resulting from the modification will be done in a sound and workmanlike manner, in compliance with all applicable provisions of the building and fire codes;

4.

Strict enforcement of the specified regulation is not required by either present or anticipated future traffic volume or traffic circulation on the site; and

5.

The granting of the modification will not create or intensify a shortage of on-street parking spaces.

F.

For residential units designed and dedicated for use by households with one or more members who are sixty-two (62) years of age or older, subject to restrictions approved by the city and recorded with the County of San Mateo, the minimum parking requirement shall be two-thirds (sixty-seven percent (67%)) of the standard requirement based upon unit size as set forth in Section 17.34.020. This minimum parking requirement may be further reduced as an "additional incentive" required for projects that comply with the California "density bonus" law (California Government Code Sections 65915 and 65915.5).

G.

For residential units dedicated to be affordable to households with very-low, low, or moderate incomes, subject to restrictions approved by the city and recorded with the County of San Mateo, the minimum parking requirement may be reduced as an "additional incentive" required for projects that comply with the California "density bonus" law (California Government Code Sections 65915 and 65915.5). This reduction shall be in addition to any exception that may be applicable under Sections 17.34.050(D) or 17.34.050(E). Affordable housing projects that do not qualify for a density bonus and additional incentives may obtain a reduction in the minimum parking requirement through application for a modification under Section 17.34.050(I).

H.

Parking within the public right-of-way at the property's frontage may be recognized administratively only for single-family residences, secondary dwelling units and duplexes, subject to the approval of the city engineer.

1.

Off-street parking facilities which partially encroach within the public right-of-way may be recognized administratively, subject to the following requirements:

a.

The parking space shall not be located within a portion of the right-of-way that could be required for lanes of traffic per Section 12.24.010(B)(1).

b.

The parking space shall not block any portion of a required sidewalk.

c.

The parking space shall be located so as to minimize its impact upon any existing on-street parking, so as to produce a net increase in the number of on- and off-street parking spaces.

d.

The parking space shall comply with Sections 12.05.020 and 12.24.015, as applicable.

e.

If the parking space is at an angle to the street, clearance behind the space shall be provided equivalent to the minimum aisle width in Table 1 (for standard-size spaces) or Table 2 (or compact spaces).

f.

If the parking space is parallel to the street, it shall comply with Section 17.34.040(E); such parallel parking may be provided within a driveway to a garage or carport.

2.

On-street parking spaces located entirely within the public right-of-way in compliance with Section 12.24.010(B)(1) may be recognized administratively only for sites with more than 37.5 feet of frontage. On-

street parking spaces may also be recognized as the guest parking required for a residential subdivision of five (5) or more single-family residences per Section 17.34.020(A).

I.

The planning commission shall have authority to grant a use permit authorizing a modification to any of the parking regulations prescribed by this chapter. The provisions of Chapter 17.40 of this title shall govern the filing and processing of the application for a use permit pursuant to this section; provided, however, that in addition to the findings required for the granting of a use permit, as set forth in Section 17.40.060, no use permit shall be granted for a modification to a parking regulation unless the planning commission also finds and determines that:

1.

Strict enforcement of the specified regulation is not required by either present or anticipated future traffic volume or traffic circulation on the site; and

2.

The granting of the use permit will not create or intensify a shortage of on-street parking spaces, given, for example, the availability of existing or improved on/off-street parking which may not fully meet the requirements of this chapter.

Full compliance with the parking requirements is not reasonably feasible due to existing structural or site constraints. This finding shall not be required for residential units dedicated to be affordable to households with very-low, low, or moderate incomes or designed and dedicated for use by households with one or more members who are sixty-two (62) years of age or older, subject to restrictions approved by the city and recorded with the County of San Mateo.

J.

The planning commission shall have authority to grant a parking variance for nonresidential development to allow required parking to be located off-site. The provisions of Chapter 17.46 of this title shall govern the filing and processing of the application for a variance pursuant to this section; provided, however, that instead of the findings required for the granting of a variance, as set forth in Section 17.46.010, no such parking variance shall be granted unless the planning commission finds and determines that:

1.

The variance would be an incentive to, and a benefit for, the nonresidential development; and

2.

The variance will facilitate access to the nonresidential development by patrons of public transit facilities.

(Ord. No. 576, § 6, 5-19-16)

Parking spaces designated for low-emitting, fuel-efficient and carpool/van pool vehicles, as defined in Section 5.102 of the California Green Building Standards Code, shall be provided for newly constructed non-residential buildings according to the following schedule:

The designated spaces shall be marked "CLEAN AIR VEHICLE" with stall-striping paint, such that the lower edge of the last word aligns with the end of the stall striping so it will be visible beneath a parked vehicle.

(Ord. No. 576, § 6, 5-19-16)

Short-term and long-term parking for bicycles shall be provided for newly-constructed nonresidential buildings as follows:

A.

Short Term Parking. One or more permanently anchored bicycle racks shall be provided within two hundred (200) feet of the visitors' entrance and readily visible to passers-by. The required bicycle parking capacity shall be set as follows:

1.

One bike rack space per ten thousand (10,000) square feet of retail floor area;

2.

One bike rack space per one hundred fifty thousand (150,000) square feet of office floor area;

3.

Other nonresidential uses: Five percent (5%) of visitor motorized vehicle parking capacity.

4.

Any fractional result shall be rounded up.

5.

For all nonresidential buildings, the minimum capacity shall be for two (2) bicycles.

B.

Long-Term Parking. Permanently anchored bike racks inside covered, lockable enclosures or bicycle rooms or permanently anchored bicycle lockers shall be provided at convenient locations from the street. The required bicycle parking capacity shall be set as follows:

1.

One space per twenty thousand (20,000) square feet of warehouse floor area;

2.

One space per six thousand (6,000) square feet of retail floor area;

3.

One space per six thousand (6,000) square feet of office floor area;

Other nonresidential uses: Five percent (5%) of motorized vehicle parking capacity.

5.

Any fractional result shall be rounded up.

6.

For all nonresidential buildings, the minimum capacity shall be for one bicycle.

(Ord. No. 576, § 6, 5-19-16)

Chapter 17.35 - SHORT TERM RESIDENTIAL RENTALS[[9]]

Footnotes:

--- ( 9 ) ---

Editor's note— Ord. No. 658, adopted Dec. 10, 2020, rescinded Ord. No. 656, adopted June 18, 2020, which established Ch. 17.35. However, it did so in acknowledgment of Ord. No. 655, § 2, adopted Sept. 3, 2020, also creating Ch. 17.35. Therefore, Ch. 17.35 exists in the form created by § 2 of Ord. No. 655.

The purpose of this chapter is to regulate the short term rental of dwelling units to allow property owners to make economically viable use of their property, to provide diverse tourist lodging options in Brisbane, and to preserve the quality of life in Brisbane's residential neighborhoods.

(Ord. No. 655, § 2, 9-3-20)

17.35.020 - Definitions.

For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section have the meanings given to them in this section:

A.

"Dwelling unit" shall have the same meaning as in Section 17.02.235 of Chapter 17.02 of this title.

B.

"Host" shall mean a natural person who is the owner of record, including an authorized trustee if the property is held in trust, who resides at the dwelling unit for at least two hundred seventy-five (275) days out of a given consecutive twelve-month period and who offers the dwelling unit for short term rental of less than thirty (30) days ("short term rental").

C.

"Hosted stay" shall mean a short term rental of a permanent residence by the host while the host is present from eight (8:00) p.m. to eight (8:00) a.m. during the entire term of the rental. Hosted stays include

situations where the host has obtained city approval to leave the premises during a scheduled hosted stay to address an unforeseen emergency.

D.

"Hosting platform" shall mean any person or business entity, including, but not limited to, websites or mobile applications, that provides services to hosts for advertising, administering, collecting payment, and/or facilitating the collection of payment for short term rentals, whether the short term renter pays rent directly to the host or to the hosting platform.

E.

"Notice of violation" shall mean any code enforcement citation, order, ticket or similar notice of violation of this chapter and all other provisions of the Brisbane Municipal Code relating to the condition of or activities at the subject property, issued by the Brisbane Community Development Department, Brisbane Police Department, or North County Fire Authority pursuant to Chapter 17.58 of this title and Chapter 1.14, Chapter 1.16, and Chapter 1.18 of this code.

F.

"Permanent residence" shall mean the dwelling unit in which the host resides for at least two hundred seventy five (275) days out of a given, consecutive twelve-month period, the documentation of which may be confirmed by, but not be limited to, a driver's license, a vehicle registration certificate, state or federal income tax statements, or a statement from a banking institution or any other institution which has issued a credit card.

G.

"Short term rental" shall mean the permanent residence of the host offered to a short term renter for financial compensation for the purpose of the short term renter's residing, sleeping or lodging purposes at the permanent residence for periods of less than thirty (30) consecutive calendar days. Portions of days shall be counted as full calendar days. Rooms or suites within hotels, transitional or supportive housing, or single-room-occupancy units, as such terms are defined in Chapter 17.02 of this title, shall not be considered short term rentals.

H.

"Short term renter" shall mean a person who rents a dwelling unit from the host for a period of less than thirty (30) consecutive calendar days. Portions of calendar days shall be counted as full calendar days.

I.

"Unhosted stay" shall mean any short term rental that is not a hosted stay as defined in 17.35.020.C.

(Ord. No. 655, § 2, 9-3-20)

17.35.030 - Short term rental permit procedures.

A.

Permit Required. No host shall conduct short term rental activity in the City of Brisbane without an approved short term rental permit issued by the city, pursuant to this chapter.

B.

Permit Application. A host shall apply for a short term rental permit using forms provided by the city. At a minimum, the application shall provide the following information:

1.

The address of the permanent residence being used for short term rental;

2.

The name and contact information of the host;

3.

A statement indicating that the host is the property owner;

4.

At least three (3) documents providing evidence of the host's permanent residence at the subject property;

5.

The number of habitable rooms to be provided for short term rental;

6.

The number and location of existing parking spaces on the property;

7.

Evidence the host has acquired liability insurance in the amount of at least five hundred thousand dollars ($500,000.00) specifically for short term rental activity within a permanent residence.

8.

An acknowledgement of compliance with the requirements of the city's zoning ordinance, municipal codes, applicable health and safety standards;

9.

Authorization from the property owner for city staff to enter the dwelling unit proposed to be offered for short term rental to confirm compliance with life safety standards prior to permit issuance;

10.

Acknowledgment and authorization for the city to provide the address of the short term rental and the host's contact information on a public registry; and

Any other information as may be determined necessary by the zoning administrator.

The application shall be accompanied by a filing fee in an amount as established by resolution of the city council.

C.

Permit Application Review by Zoning Administrator. The zoning administrator shall review the application for a short term rental. Once a complete application is received, the zoning administrator shall provide written notice of the application to occupants and owners of property to either side of, to the rear, and in front of the subject property. Additionally, notification of the application shall be sent to occupants and owners of property on both sides of the block in which the property is located. The notice shall state the details of the application and shall provide a twenty-one-day period commencing from the notice mailing date for written comments on the application to be submitted.

D.

Action on Permit Application by Zoning Administrator. Following closure of the twenty-one-day notice period, the zoning administrator may issue the short term rental permit and shall notify all parties who are named in subsection C. of this Section 17.35.030 of permit issuance if the zoning administrator finds and determines that:

1.

The application meets all operating standards and requirements of this chapter;

2.

The dwelling unit to be offered for short term rental complies with life safety standards as certified by the applicant and confirmed by an on-site inspection by building department and/or North County Fire Authority staff; and

3.

The dwelling unit to be offered for short term rental is not the subject of an active code enforcement action or administrative citation from the city in the past twelve (12) months.

E.

Permit Validity. An issued short term rental permit shall be valid for an initial one-year period commencing from the date of final action on the permit application. An issued permit shall be valid only for the host or hosts named in the application and shall automatically expire upon sale or transfer of the subject property, or at such a time as the dwelling unit is no longer the permanent residence of the host. An issued short term rental permit may not be assigned, transferred, or loaned to any other person.

F.

Permit Suspension and Revocation. An issued short term rental permit may be suspended or revoked by the zoning administrator if the host or the conduct of the short term rental activity violates this chapter or any other city, state, or federal regulation, ordinance or statute.

1.

Suspension. The zoning administrator shall suspend a short term rental permit for a minimum of thirty (30) days, or as long as at least one notice of violation is open and unresolved, whichever is longer, upon issuance of two (2) notices of violation within a twelve-month period. Additionally, a permit may be suspended should the host fail to submit an annual certificate of insurance to the community development department. The suspension shall become effective fifteen (15) days after the zoning administrator mails a notice of intent to suspend the permit to the host and to all such parties who are named in subsection C. of this section 17.35.030. The violation(s) shall be processed in the manner described in Chapter 1.14 of this code. Appeals of permit suspensions shall be processed in the manner described in Chapter 17.56 of this title. Short term rental activity may commence after thirty (30) days or until the notice(s) of violation is/are resolved, whichever is longer.

2.

Revocation. The zoning administrator shall revoke a short term rental permit should three (3) or more violations be sustained (after exhaustion of any related remedies) within any twelve-month period. The revocation shall become effective fifteen (15) calendar days after the mailing of a notice of intent to revoke to the permit to the host and to all such parties who are named in subsection C. of this section 17.35.030. Appeals of permit revocations shall be processed in the manner described in Chapter 17.56 of this title. Short term rentals may not be conducted at a dwelling unit following revocation of an issued permit for one year from the date of final action on the revocation and the city's approval of a new short term rental permit.

G.

Permit Renewal.

1.

The first short term rental permit issued shall expire one year after the date of final action on the initial permit application unless a permit renewal application is approved by the zoning administrator prior to the expiration date. A renewed permit shall be renewed for a subsequent two-year period, except that the zoning administrator may renew the permit for a shorter period of time for factors including, but not limited to, the history of notices of violation and/or sustained suspensions during the life of the permit.

2.

The permit renewal application shall be accompanied by a filing fee in an amount as established by resolution of the city council.

The host shall submit such information concerning the short term rental activity as may be required to enable the tax administrator to verify that the amount of tax paid complies with Chapter 3.24.

4.

A safety inspection shall be conducted by the building department and/or North County Fire Authority prior to approval of each short term rental permit renewal to ensure the dwelling unit complies with the safety requirements of this chapter and with general life safety standards under state law.

5.

The zoning administrator shall approve a permit renewal application if it is found that the host has complied with all provisions of this chapter, including requirements for tax payment, and the dwelling has passed a safety inspection. Notice of permit renewal shall be given to occupants and owners of property to either side of, to the rear, and in front of the subject property. Additionally, notification shall be sent to occupants and owners of property on both sides of the block in which the property is located.

(Ord. No. 655, § 2, 9-3-20)

The following standards shall apply to the operation of short term rentals:

A.

Unhosted Stays Prohibited. This ordinance authorizes only hosted stays and prohibits unhosted stays, as such terms are defined in Section 17.35.020 of this chapter.

B.

Single-Family Dwelling Units. Short term rentals may only occur within legal single-family dwelling units. Notwithstanding the foregoing, short term rentals shall be prohibited on properties occupied by singlefamily dwellings with legal accessory dwelling units established on or after April 1, 2017.

C.

Accessory Dwelling Units. Short term rentals shall not operate in accessory dwelling units.

D.

Hosted Stays Unlimited. There shall be no limit on the number of days habitable rooms within a permanent residence may be occupied as a short term rental during a hosted stay. The host shall be responsible for any nuisance complaints arising during short term rental activities during hosted stays. No more than two (2) habitable rooms may be rented at any given time during a hosted stay, subject to the limitation on bookings as provided in subsection G. of this section 17.35.040.

E.

Short Term Rental Permit Number on Listings and Guest Materials. Any listing advertising a short term rental and all materials provided to short term renters regarding applicable rules and regulations pertaining

to their stay shall prominently display the permit number of the issued permit.

F.

Insurance. The host shall maintain adequate liability insurance in the amount of at least five hundred thousand dollars ($500,000.00) specifically for short term rental activity within a permanent residence while the short term rental is occupied. The host shall annually submit insurance certificates to the community development department.

G.

Limitation on Bookings. Individual rooms within a short term rental shall not be booked to separate, unrelated rental parties. If multiple listings are provided for the same residence, only one such listing may be booked on any given day, with the exception that check-out and check-in periods for separate bookings may occur on the same day.

H.

Check-out and Check-in Times. Short term renter check-out and check-in times shall typically occur after seven (7:00) a.m. and before ten (10:00) p.m. Exceptions to the check-out and check-in times may be allowed only in extenuating circumstances, including unforeseen changes or delays in a short term renter's travel schedule or illness of the host or the short term renter. At all times, the host shall ensure that short term renter check-in and check-out is conducted in such a manner as to not result in unreasonable noise or disturbance to neighboring properties.

I.

Parking. At least one parking space shall be made available per on-site per habitable room available to rent as a short term rental. Existing on-site parking spaces shall be made available to short term renters. No additional on-site parking shall be required for short-term rentals.

J.

Occupancy Limits. No more than two (2) overnight short term renters (not including children) between the hours of ten (10:00) p.m. and seven (7:00) a.m. are allowed per habitable room provided in the short term rental. No more than four (4) daytime persons (not including children) between the hours of seven (7:00) a.m. and ten (10:00) p.m. are allowed per habitable room provided in the short term rental.

K.

Noise Prohibited. There shall be no use of sound amplifying equipment. There shall be no evening outdoor congregations of more than eight (8) people (excluding children), regardless of the number of habitable rooms provided, after ten (10:00) p.m. Short term rental stays are subject to the noise regulations in the Chapter 8.28 of the Municipal Code.

L.

Safety. Every host shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with fire, life and safety codes, and information related to emergency

exit routes on the property.

M.

Guide for Short Term Renters. Every host shall provide a rental guide to short term renters that includes the operational standards listed in this chapter, the contact information for the host, and other information to address behavioral, safety, security, and other standards.

N.

Special Events Prohibited. Weddings, corporate events, commercial functions, and any other similar events which have the potential to cause traffic, parking, noise or other problems in the neighborhood are prohibited from occurring at the short term rental property, as a component of short term rental activities.

O.

Transient Occupancy Tax (TOT). Short term rentals shall be subject to transient occupancy taxes pursuant to Chapter 3.24 of this code. The host shall be responsible for collecting transient occupancy taxes and remitting them to the city, unless the host exclusively lists on hosting platforms that have signed a voluntary collection agreement (or equivalent) with the city.

P.

Records of Compliance. The host shall retain records documenting compliance with the requirements of this chapter for each short term rental for a period of three (3) years, including, but not limited to, records showing payment of transient occupancy taxes by a hosting platform on behalf of a host. Upon reasonable notice, the host shall provide any such documentation to the community development director or the tax administrator upon request for the purpose of inspection or audit.

Q.

Public Registry. The city shall maintain a registry accessible to the public of issued short term rental permits, including their address, the host name, and host contact information.

(Ord. No. 655, § 2, 9-3-20)

Failure to comply with any provisions of this chapter will constitute a violation of this chapter, punishable by the fines, penalties and enforcement provisions set forth in Chapters 1.14, 1.16 and 1.18 of this code, and will subject the holder of a short term rental permit to the suspension and revocation proceedings described in Section 17.35.030 of this chapter.

(Ord. No. 655, § 2, 9-3-20)

Chapter 17.36 - ADVERTISING SIGNS[[10]]

Footnotes:

--- ( 10 ) ---

Prior ordinance history: Ords. 298 and 373.

A.

Purpose. In order to preserve the natural beauty of the city, to enhance the community's appearance, to conserve the character of its residential districts, to establish appropriate signage for the city's nonresidential districts, and to protect the public safety, the type, location, size and illumination of advertising signs are regulated.

B.

Application. This chapter shall apply to all advertising signs located on private property, whether temporarily or permanently; provided, however, this chapter shall not apply to:

1.

Any signs owned by the city, wherever located; or

2.

Any signs placed on private property by the property owner or with such owner's consent, which have been expressly authorized to be located thereon by resolution of the city council.

Nothing contained in this chapter shall be deemed to authorize or permit the placement of any sign on public property.

(Ord. 401 § 1(part), 1995).

A.

In addition to the definitions set forth in Chapter 17.04, all of which are applicable to this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:

1.

"Advertising sign" (referred to in this chapter as "sign") means any alpha-numeric lettering, trademark, design, ornamentation, or picture which identifies or advertises a person, institution, organization, business, service or product, which is attached to or made a part of any structure or placed upon any land or in or on any window, which is visible from any public or private street, highway, sidewalk or alley, or other outside public area. Paintings or other art forms visible to the public are not considered advertising signs.

2.

"Awning sign" means a sign that is printed, painted, fixed, marked, stamped or otherwise impressed upon the surface of an awning covering.

3.

"Banner" means any sign of lightweight fabric or similar material that is mounted at one or more edges to a pole or the exterior of a building.

4.

"Billboard." See "nonappurtenant advertising structure."

5.

"Construction sign" means a temporary sign that announces the name and character of a building under construction and may identify those persons directly connected with the construction.

6.

"Directional sign" means a sign that is located on-site, the sole purpose of which is to direct the flow of traffic, indicate entrances or exits and transmit parking information.

7.

"Directory sign" means a sign identifying or advertising multiple businesses located on the same site as the sign.

8.

"Election sign" means a sign as defined in Section 17.32.260 of this code.

9.

"Freestanding sign" means a sign affixed to the ground and detached from any building. See "pole sign" and "monument sign."

10.

"Height of sign" means the distance between the highest point of a sign and the finished grade at its base.

11.

"Identification sign" means a sign displaying the name of the property or the premises upon which displayed or the owner or occupant thereof.

12.

"Illuminated sign" means a sign having its own immediate source of internal or external illumination.

"Kinetic sign" means a sign that is reflective, rotating, wind-driven, flashing, animated or revolving, including electronic readerboards.

14.

"Monument sign" means a freestanding sign without exposed supports or poles.

15.

"Nonappurtenant advertising structure" means a structure that advertises products or businesses which do not pertain solely to uses permitted and conducted on the property where such structure is located.

16.

"Nonconforming sign" means a sign legally constructed or installed in compliance with all zoning regulations then applicable to the site, but which, by virtue of a subsequent change in such regulations or reclassification or annexation of the property, no longer conforms with the sign regulations currently applicable to the site.

17.

"Off-site directional sign" means an off-site sign that serves solely to provide directions to a local business.

18.

"Off-site open house sign" means a temporary off-site sign that serves solely to provide directions to a property being offered for sale which is open for inspection by the general public on the day the sign is displayed.

19.

"Pole sign" means a sign supported from the ground by a pole or poles.

20.

"Portable sign" means any sign which is intended to be moved or capable of being moved, whether or not on wheels or other special supports.

21.

"Primary frontage" means that single property line of a lot abutting a public or private street and providing the principal means of access to the lot or occupancy thereof.

22.

"Privilege sign" means a sign containing the name and/or logo of any product or service other than that which provides the majority of the business conducted on the site.

23.

"Projection sign" means a sign that is affixed at an angle or perpendicular to the wall of any building.

"Residential home occupation sign" means a sign located on the site of a dwelling unit that identifies a home occupation being legally conducted on the same site by the occupant of the dwelling unit.

25.

"Roof sign" means a sign located on the roof of a building.

26.

"Sale or lease sign" means a temporary sign advertising the sale or rental of all or a portion of the premises upon which the sign is located.

27.

"Secondary frontage" means any property line of a lot abutting a public or private street other than the primary frontage.

"Sign." See "Advertising sign."

29.

"Sign area" means the area of a sign as calculated in accordance with the procedures for measurement illustrated in Figure 17.36.020B.

30.

"Sign program" means an overall plan for signage, as approved by the planning commission, pertaining to all or any portion of a site and the buildings thereon, which may include, but is not limited to, unique requirements for the sign area, dimension, color, material, design, size and illumination of all signs to be erected or installed pursuant to the sign program.

31.

"Subdivision sale sign" means a temporary sign advertising the sale of lots or homes within a subdivision of five (5) or more lots.

32.

"Temporary sign" means a sign that is not permanently installed or affixed to the site and is required to be removed within the time prescribed in Table 17.36.020 for the applicable type of sign.

33.

"Wall sign" means a sign affixed parallel to a wall or painted on the wall so as to read parallel to the wall.

"Window sign" means a sign affixed on a window or within a window frame.

(Ord. 401 § 1(part), 1995).

(Ord. No. 640, § 2, 7-18-19)

A.

Compliance with chapter. No advertising sign shall be erected, installed, altered or maintained in any zoning district in the city, except in conformity with the provisions of this chapter.

B.

Requirement for permit-Exceptions. No person shall place, erect, install, alter or maintain any sign in the city without first obtaining a sign permit pursuant to this chapter; provided, however, that the following signs may be installed without obtaining a sign permit if the sign fully complies with the applicable requirements set forth in Table 17.36.020 and Figure 17.36.020A of this chapter:

1.

Identification signs;

2.

Off-site open house signs;

3.

Residential home occupation signs;

4.

Sale and lease signs;

5.

Temporary window signs;

6.

Window signs less than one square foot in area.

C.

Site restrictions. All advertising signs shall be located on the same site as the use they identify or advertise, with the exception of off-site directional signs and off-site open house signs. As used herein, the term "site," as applied to subdivision signs, means within the boundaries of the subdivided property as shown on either: (i) the recorded final map; or (ii) the tentative map, if the final map is not yet recorded. Nonappurtenant advertising structures are prohibited in all districts.

D.

Sign area. The area of each individual sign shall be calculated in accordance with the procedures for measurement illustrated in Figure 17.36.020B. The maximum total area of signage permitted on a lot shall be determined in accordance with the applicable requirement set forth in Table 17.36.020.

E.

Height of Sign. Except as otherwise provided in this chapter, the height of a sign shall not exceed the maximum height prescribed for the district in which the sign is located.

F.

Construction and Maintenance. All signs shall comply with the following construction and maintenance requirements:

1.

All new signs shall be designed, constructed and installed in accordance with the Uniform Sign Code; provided, however, that in the event of any conflict or inconsistency between the provisions of the Uniform Sign Code and the provisions of this chapter, the provisions of this chapter shall be controlling.

2.

All new signs shall be adequately finished to give a professional appearance and assure durability.

3.

All projecting signs shall have a clearance of not less than eight feet or the distance required by the provisions of the Uniform Sign Code, whichever is greater.

4.

All signs shall be regularly maintained and kept in good condition and repair.

G.

Applicable Sign Classification. Where more than one classification under this title can be applied to the same sign, the classification having the most restrictive regulations shall be applied.

H.

Unauthorized Signs. It is unlawful for any person who is not the owner or legal occupant of private property to place any sign on such property without authorization by the owner or legal occupant thereof.

(Ord. 401 § 1(part), 1995).

17.36.040 - Primary and secondary frontage.

A.

In the case of a lot having both a primary and one or more secondary frontages, additional signs facing the secondary frontage(s) may be installed, provided that:

1.

The total sign area of the additional signs on the secondary frontage(s) does not exceed one-half (½) of the maximum sign area that would be allowed under Figure 17.36.020A if the secondary frontage were the primary frontage; and

2.

The combined total sign area for all signs on both the primary and secondary frontages shall not exceed one hundred (100) square feet.

B.

In cases where there is more than one frontage, the planning director shall determine the frontage that will be classified as primary and the frontage(s) that will be classified as secondary for the purposes of this chapter. Such determination shall have no effect upon the application of any other zoning regulation contained in this title.

(Ord. 401 § 1(part), 1995).

A.

A sign program shall be required in each of the following cases:

1.

For lots having a primary frontage of more than one hundred (100) feet where signage in excess of one hundred (100) square feet is being requested;

2.

For lots having a combined primary frontage and secondary frontage of more than one hundred (100) feet where signage in excess of the square footage allowed under Section 17.36.040(A)(1) is requested for the secondary frontage;

3.

For lots having a primary frontage of less than one hundred (100) feet but having multiple tenants or occupants on the same site where signage in excess of the square footage otherwise allowed in Figure 17.36.020A is being requested;

4.

For lots having multiple nonresidential uses which are located in residential districts, where signage in excess of twenty (20) square feet is being requested;

5.

For property which is the subject of a specific plan adopted pursuant to Sections 65450-65457 of the Government Code; or

6.

For property which is the subject of a planned development permit issued pursuant to Chapter 17.28 of this title.

B.

In connection with the approval of a sign program, the planning commission shall have authority to impose such modified or additional requirements as the planning commission may deem necessary or appropriate in order to achieve the purposes of this chapter. No sign program shall be approved unless the planning commission is able to make all of the applicable findings set forth in subsection D of Section 17.36.060. Upon approval of a sign program by the planning commission, the planning director shall thereafter issue a sign permit for each sign to be located upon the subject property if the planning director finds and determines that the proposed sign complies with the approved sign program.

C.

The city on its own initiative, by resolution of the planning commission following the conduct of a public hearing, may adopt a sign program for any zoning district or other specified geographic area for the purpose of establishing a consistent and uniform plan for signage within such district or area. Notice of the public hearing shall be given in the same manner as would be utilized for notice of the proposed adoption of a zoning regulation governing such district or geographic area.

(Ord. 401 § 1(part), 1995).

A.

Application. Application for a sign permit or approval of a sign program shall be made to the department of building and planning in accordance with Sections 17.02.070 and 17.02.080 of this title.

B.

Review of Application. Applications shall be reviewed as follows:

1.

Sign Permit. All applications for a sign permit shall be subject to review by either:

a.

The planning director, if the proposed sign complies with the requirements contained in Table 17.36.020 and does not exceed the sign area shown on Figure 17.36.020A as being within the approval authority of the planning director; or

b.

The zoning administrator or the planning commission, as determined by the type and size of the proposed sign, in accordance with the requirements contained in Table 17.36.020 and the chart set forth in Figure 17.36.020A.

Notwithstanding the foregoing, the planning director may elect to refer any permit application to the zoning administrator for a decision thereon, and the zoning administrator may elect to refer any permit application to the planning commission for a decision thereon, whenever the planning director or the zoning administrator determines that the proposed sign may create an adverse visual, aesthetic, safety or other impact upon neighboring properties or the occupants thereof. In the event of such referral, the application shall be processed in the same manner and subject to the same requirements for notice and findings as if originally filed with the approving authority to which it has been referred.

2.

Sign Program. All applications for approval of a sign program shall be subject to review by the planning commission.

C.

Notice.

1.

Sign Permits Issued by Planning Director. Sign permit applications subject to review only by the planning director may be granted upon submittal, without prior notice to any other parties or the conduct of a meeting or other form of public hearing thereon by the planning director, in the same manner as an application for a building permit.

2.

Sign Permits Issued by Zoning Administrator or Planning Commission. For sign permit applications requiring review by the zoning administrator or planning commission, notice of the meeting at which the review will take place shall be mailed to property owners and occupants on both sides of, and directly across the street from, the site on which the sign is proposed to be placed at least ten (10) calendar days prior to the meeting.

3.

Sign Program Approved by Planning Commission. For sign program applications, notice shall be provided to all property owners within three hundred (300) feet of the site at least ten (10) calendar days prior to the date of the planning commission meeting at which the application will be considered.

When notice is required to be given, it shall set forth the time and place of the meeting at which the application will be considered and shall advise the recipient that written comments may be submitted prior to the meeting and both written and verbal comments will be received by the approving authority at the time of the meeting.

D.

Findings for Approval. No sign permit shall be granted and no sign program shall be approved unless the planning director, or the zoning administrator, or the planning commission, as the case may be, is able to make each of the following findings as may be applicable to the application;

1.

All advertising signs must conform to the requirements of Table 17.36.020 and Figure 17.36.020A, unless specifically exempted in this chapter.

2.

For all advertising signs subject to permit approval by the zoning administrator or the planning commission, it must also be found that:

a.

The sign complies with all applicable city ordinances; and

b.

The sign does not conflict with the building scale, colors, materials, architectural details and styles found in the specific neighborhood or area of the city in which the sign is proposed to be located.

3.

For off-site directional signs, it must also be found that:

a.

The sign provides directions to a local business only; and

b.

The sign is necessary because the location of the business is not readily visible from the street designated as the primary frontage of the site.

4.

For portable signs, it must also be found that:

a.

The sign will be safely secured during and after business hours; and

b.

The sign, when displayed, does not present a hazard to vehicular or pedestrian traffic.

For illuminated or kinetic signs, it must also be found that:

a.

The sign does not produce glare; and

b.

The sign does not present a distraction or hazard to pedestrians, motorists, or the occupants of other neighboring properties; and

c.

The sign does not otherwise cause a public nuisance.

6.

For sign programs, it must also be found that the program is consistent with the city's general plan and any specific plan or planned development permit applicable to the site.

E.

Changes to Approved Signs. No sign for which a sign permit has been issued shall be altered or changed without the prior approval of the authority that granted the permit; provided, however, that the planning director may approve signs where only the face is being changed and the physical structure and characteristics of the sign are not being altered.

(Ord. 401 § 1(part), 1995).

17.36.070 - Appeals.

A.

Appeals From Decisions of Planning Director. Any decision or determination made by the planning director pursuant to this chapter may be appealed by the applicant to the planning commission in accordance with the procedure set forth in Section 17.52.005 of this title, except that the appeal shall be filed within seven (7) calendar days after the date on which the decision or determination is rendered. The acceptance of a sign permit or a building permit for the sign shall constitute a waiver by the applicant of all rights to appeal granted by this title.

B.

Appeals From Decisions of Zoning Administrator. Any decision or determination made by the zoning administrator pursuant to this chapter may be appealed to the planning commission in accordance with the procedure set forth in Section 17.56.100 of this title.

C.

Appeals From Decisions of Planning Commission. Any decision or determination made by the planning commission pursuant to this chapter may be appealed to the city council in accordance with the procedure

set forth in Sections 17.52.010 and 17.52.020 of this title, except that the appeal shall be filed within ten (10) calendar days after the date on which the decision or determination is rendered.

(Ord. 401 § 1(part), 1995).

A nonconforming sign shall not be replaced, altered, redesigned, reconstructed or relocated unless or until the sign is made to conform with the provisions of this chapter. Ordinary maintenance and repairs which will not increase the normal life of the sign and are required for safety purposes or to comply with Section 17.36.030(F)(4) will be allowed.

(Ord. 401 § 1(part), 1995).

A.

Unlawful Signs Declared Public Nuisance. Any sign erected, constructed, altered, enlarged or maintained in violation of the provisions of this chapter is declared to be unlawful and a public nuisance. Each sign found to be in violation of any such provision shall constitute a separate violation of this chapter. Upon order by the city council, the city attorney shall commence such action or proceeding for abatement of the public nuisance through removal, maintenance or repair of the sign as may be authorized by law. The remedies provided for in this section shall be cumulative and not exclusive of any other rights or remedies available to the city upon a violation of this title.

B.

Recovery of Abatement Costs. The cost of all proceedings conducted by the city to remove an unlawful sign or to maintain or repair an existing sign shall be paid to the city by the person to whom a permit for such sign was issued, or, in the absence of a sign permit, payment shall be made by the owner of the property upon which the sign was erected or installed. The city may recover such abatement costs in the same manner as provided in this title, or otherwise provided by law, for recovery of costs related to the abatement of public nuisances.

(Ord. 401 § 1(part), 1995).

Table 17.36.020

Requirements for Advertising Signs

program

Figure 17.36.020A-1

Maximum Total Sign Area Computed by Frontage

Figure 17.36.020A-2

Maximum Total Sign Area Computed by Frontage

==> picture [412 x 361] intentionally omitted <==

Figure 17.36.020B

Determination of Sign Area

==> picture [285 x 380] intentionally omitted <==

Figure 17.36.020B

Determination of Sign Area (Continued)

==> picture [254 x 384] intentionally omitted <==

Chapter 17.38 - NONCONFORMING USES AND STRUCTURES

17.38.010 - Continuation of nonconforming uses and structures.

Nonconforming uses and nonconforming structures may be continued only in compliance with, and so long as permitted by, the provisions of this chapter.

(Ord. 478 § 2(part), 2003).

17.38.020 - Change or replacement of nonconforming use.

A.

A. nonconforming use shall not be changed to or replaced by another nonconforming use.

B.

A nonconforming use which is changed to or replaced by a conforming use shall not be re-established. Where any portion of a nonconforming facility is changed from a nonconforming use to a conforming use, such portion shall thereafter only be used for a conforming use.

(Ord. 478 § 2(part), 2003).

17.38.030 - Expansion of nonconforming uses.

A.

Except as otherwise provided in subsection B. of this 17.38.030 and Section 17.38.110 of this chapter, a nonconforming use may not be enlarged, expanded or intensified. This prohibition shall include any enlargement, expansion or intensification of a nonconforming use which:

1.

Increases the site area or floor area occupied by the nonconforming use; or

2.

Increases the amount, volume, or intensity of nonconforming business use, or the machinery, equipment, trade fixtures or other personal property utilized in the conduct of such use; or

3.

Displaces any conforming use occupying a structure or site.

B.

Nonconforming residential uses located in the R-1, R-2, R-3 or R-BA district may be enlarged or expanded upon the granting of a use permit by the planning commission pursuant to Chapter 17.40 of this title. In addition to the findings required by Chapter 17.40, the planning commission shall also find and determine that:

1.

Parking spaces in accordance with the requirements set forth in Chapter 17.34 of this title will be provided for the nonconforming use and all other uses on the site.

2.

Any expansion of the nonconforming facility will comply with all applicable development standards for the district in which the site is located, including, but not limited to, floor area ratio, setbacks, height, and coverage limitations.

3.

The nonconforming facility will comply with all applicable provisions of the building, health and fire codes.

4.

The nonconforming use will comply with such other conditions and requirements which, in the judgment of the planning commission, are necessary or appropriate to mitigate any potential adverse impacts of the expansion on the neighborhood.

Note. A single-family dwelling on a lot of record in an R-1, R-2, R-3, or R-BA district having less than the minimum lot area prescribed by the applicable district regulations, shall constitute a conforming use and

may be enlarged or expanded subject to the development standards of the applicable district and the limitations set forth in Section 17.32.055 of Chapter 17.32 of this title.

(Ord. 478 § 2(part), 2003).

(Ord. No. 653, § 26, 10-15-20)

17.38.040 - Maintenance and repair of nonconforming facility.

A.

Nonconforming facilities may be continued, maintained and repaired so as to protect the health and safety of the occupants and preserve the useful life of the structure.

B.

Nonconforming facilities may be remodeled and the interior reconfigured so long as there is no enlargement, expansion, or intensification of the nonconforming use, except as otherwise permitted by subsection B. of Section 17.38.030.

(Ord. 478 § 2(part), 2003).

(Ord. No. 653, § 27, 10-15-20)

17.38.050 - Abandonment of nonconforming uses.

A.

Whenever a nonconforming nonresidential use has been abandoned, such use shall not be resumed or reestablished and all subsequent uses of the site shall conform with the requirements of this title. Discontinuance of a nonconforming nonresidential use for a period of one hundred twenty (120) consecutive days or more shall conclusively be presumed an abandonment of such use; provided, however, discontinuance under any of the following circumstances shall not be considered an abandonment of the use:

1.

Any discontinuance of use in connection with a pending sale or other transfer of ownership or management of the nonconforming use to a designated person or persons and the discontinuance of use is solely for the purpose of accomplishing the sale or transfer.

2.

Any discontinuance of use during a reasonable period of reconstruction or replacement of the damaged or destroyed nonconforming facility, where such reconstruction or replacement is permitted under the provisions of Section 17.38.060.

3.

Any other circumstance found by the planning commission to have been beyond the reasonable control of the person conducting the use, and such person commences the activity necessary for re-establishment of the use and prosecutes the same diligently to completion.

B.

A nonconforming residential use may not be reestablished if the nonconforming facility has been modified to remove the features of residential occupancy.

(Ord. 478 § 2(part), 2003).

17.38.060 - Reconstruction or replacement of nonconforming facility.

A nonconforming facility which is damaged or destroyed may be reconstructed or replaced for continued occupancy by the nonconforming use or uses previously conducted therein, subject to the following limitations:

A.

The site area or floor area occupied by the nonconforming use, and the intensity of activity conducted by the nonconforming use, subsequent to reconstruction or replacement of the facility shall not exceed that existing prior to the damage or destruction of the facility, except as otherwise permitted by subsection B. of 17.38.030.

B.

The reconstructed or replaced facility shall comply with all of the applicable regulations of this title, other than the use of the structure, and all applicable provisions of the building, health, and fire codes.

(Ord. 478 § 2(part), 2003).

(Ord. No. 653, § 28, 10-15-20)

Nonconforming structures may be maintained and repaired so as to protect the health and safety of the occupants and preserve the useful life of the structure.

(Ord. 478 § 2(part), 2003).

A.

A nonconforming structure shall not be altered, enlarged, or expanded so as to increase the degree of noncompliance or otherwise increase the discrepancy between existing conditions and the requirements of this title.

B.

Structural alterations may be permitted when necessary to comply with the requirements of law.

C.

The prohibitions of this section shall not apply to any alteration, enlargement or expansion for which a variance is granted pursuant to Chapter 17.46 or to which a use permit is granted pursuant to Chapter 17.34 and 17.40 of this title.

(Ord. 478 § 2(part), 2003).

(Ord. No. 576, § 7, 5-19-16; Ord. No. 653, § 29, 10-15-20)

17.38.090 - Repair and replacement of nonconforming residential structures.

A.

Damage of Less Than Seventy-Five Percent (75%). A nonconforming structure used for residential purposes which is damaged or destroyed by fire, flood, wind, earthquake, or other natural disaster to the extent of less than seventy-five percent (75%) of its floor area may be repaired, restored or reconstructed to its original size and configuration. All new construction, restoration and replacement shall comply with all applicable provisions of the building, health and fire codes.

B.

Damage of More Than Seventy-Five Percent (75%). A nonconforming structure used for residential purposes which is damaged or destroyed by fire, flood, wind, earthquake, or other natural disaster to the extent of seventy-five percent (75%) or more of its floor area may be repaired, restored or reconstructed provided that all of the following conditions are satisfied:

1.

The total floor area of the restored structure shall not be greater than the total floor area of the original structure.

2.

The total number of dwelling units in the restored structure shall not be greater than the total number of dwelling units in the original structure.

3.

The front, side and rear setbacks of the restored structure shall not be less than the setbacks of the original structure.

4.

The number of off-street parking places shall not be reduced from the number available prior to the restoration.

5.

The new construction, restoration and replacement shall comply with all applicable provisions of the building, health and fire codes.

C.

Mixed Use Structure. A nonconforming structure containing both residential and nonresidential uses may be restored in accordance with the provisions of this section where the residential uses constitute more than fifty percent (50%) of the floor area of the entire structure.

(Ord. 478 § 2(part), 2003).

(Ord. No. 653, § 30, 10-15-20)

17.38.100 - Replacement of nonconforming nonresidential structures.

A.

Nonconforming nonresidential structures which are damaged or destroyed may not be reconstructed or replaced, except as follows:

1.

When the entire structure is reconstructed or replaced as a conforming structure.

2.

Where the damage or destruction affects only a portion of a nonconforming structure, which portion does not constitute or contribute to the noncompliance, such portion may be reconstructed or replaced to its previous configuration.

3.

Where the damage or destruction affects only a portion of a nonconforming structure, which portion constitutes or contributes to the noncompliance and does not exceed fifty percent (50%) of the floor area of the entire structure, such portion may be reconstructed or replaced to its previous configuration.

B.

Except as permitted by this section with regard to restoration of a structure to its previous configuration, all reconstruction and replacement shall comply with the provisions of this title and all applicable provisions of the building, health and fire codes.

(Ord. 478 § 2(part), 2003).

17.38.110 - Addition of accessory dwelling units to nonconforming uses or structures.

A.

Nonconforming single-family, duplex, or multiple-family uses may be expanded to accommodate accessory dwelling units and junior accessory dwelling units pursuant to Chapter 17.43 of this title.

B.

A nonconforming structure may be rebuilt in the same location and to the same dimensions, including height, as the existing structure and converted to an accessory dwelling unit pursuant to Chapter 17.43 of this title.

(Ord. No. 653, § 31, 10-15-20)

Chapter 17.40 - USE PERMITS

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

(Ord. 298 § 10.1(part), 1984).

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

(Ord. 298 § 10.1(part), 1984).

Application for a use permit shall be made in writing by the owners of the property, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the city. The application shall be accompanied by a fee, set by the city council, and plans showing the details of the proposed use. For covered projects as defined by Section 15.80.030, green building documentation per Section 15.80.060(A) sufficient to be approved per Section 15.80.060(C) shall also be submitted, together with payment of such additional fee as may be charged by the city for the cost of reviewing the green building documentation.

(Ord. 524 § 3, 2007: Ord. 298 § 10.3(part), 1984).

The planning commission shall conduct a public hearing on the application for a use permit. Notice of such hearing shall be given as set forth in Chapter 17.54.

(Ord. 417 § 4, 1997: Ord. 298 § 10.2(part), 1984).

(Ord. No. 612, § 18, 12-8-16)

The planning commission shall act as the approving authority for all use permit applications. The planning commission may grant the use permit as applied for or in modified form if, on the basis of the application

and the evidence submitted, the commission is able to make all of the findings prescribed in Section 17.40.060 of this chapter.

(Ord. 417 § 5, 1997: Ord. 298 § 10.1(part), 1984).

A.

In considering an application, the planning commission shall consider and give due regard to the nature and condition of all adjacent uses and structures, and to general and specific plans for the area in question.

B.

The planning commission shall determine whether or not the establishment, maintenance or operation of the use applied for will, under the circumstances of the particular case, be detrimental to the health, safety, comfort and general welfare of the persons residing or working in the neighborhood of such proposed use, or whether it will be injurious or detrimental to property and improvements in the neighborhood or the general welfare of the city. If the planning commission finds that the aforementioned conditions will not result from the particular use applied for, it may grant the use permit.

C.

A use permit shall be effective the seventh day after planning commission approval unless the action is appealed to the city council, in which case the permit shall not be effective until a final decision on the appeal has been made by the city council.

(Ord. 417 § 6, 1997: Ord. 298 § 10.4, 1984).

The planning commission may impose such conditions as it deems necessary to secure the purposes of this title and may impose such requirements and conditions with respect to location, construction, maintenance, operation, site planning, traffic control, and time limits for the use permit as it deems necessary for the protection of adjacent properties and the public interest and may require tangible guarantees such as cash or surety bonds or evidence that such conditions are being or will be complied with.

(Ord. 417 § 7, 1997: Ord. 298 § 10.1(part), 1984).

Chapter 17.41 - INTERIM USES IN THE BAYLANDS SUBAREA

A.

The purpose of this chapter is to establish regulations for the approval and control of interim uses in the Baylands Subarea, in accordance with Policy Number 332 of the general plan, until such time as

redevelopment of the area occupied by the interim use is implemented through the construction of improvements for the permanent uses.

B.

This chapter shall apply only to the Baylands Subarea of the city, as identified and described in the general plan and more particularly shown on Figure 1 at the end of the ordinance codified in this chapter, which is incorporated herein by reference. Nothing in this chapter shall be construed or interpreted as authorizing the conduct of an interim use in any other zoning district of the city.

(Ord. 405 § 1(part), 1996).

A.

For the purposes of this chapter, the term "interim use" means a use that is not expressly authorized under the redevelopment plan or any adopted specific plan for the Baylands Subarea or any portion thereof, or any other zoning regulations applicable to such area or any portion thereof, provided such use is not an expressly prohibited use as described in Section 17.41.030 of this chapter or in the general plan.

B.

Any existing use that was operating in the Baylands Subarea as a lawfully established conditional use prior to May 1, 1991, which thereafter became a nonconforming use as a result of the use permit having expired and not being capable of renewal under the current zoning regulations, shall not be considered an expressly prohibited use as described in Section 17.41.030, but the continuation of such use shall require the issuance of an interim use permit pursuant to this chapter.

(Ord. 405 § 1(part), 1996).

The following uses are declared to be expressly prohibited in the Baylands Subarea as interim uses:

A.

The manufacture, processing, handling, treatment, transportation, recycling, or storage of hazardous, toxic, flammable or explosive materials or wastes in any quantity for which a permit is required from any governmental agency;

B.

The dumping, processing, sorting, recycling, recovery, or storage of garbage, debris, scrap materials, or similar items. This provision shall not include the recycling of concrete or brick and the storage and processing of soils, rock, and other similar materials;

C.

Any use that creates unsightly visual impacts or the appearance of blight as seen from any other location within the city, including, but not limited to, uses such as automotive dismantling and wrecking yards, junk yards, outside storage of used equipment, trailers, or vehicles not being offered for sale, and outside storage of glass, metal, paper, cardboard, or other material collected for recycling or disposal, except as otherwise permitted under Section 17.41.030(B);

D.

Uses commonly associated with heavy manufacturing operations, including, but not limited to, uses such as concrete or asphalt batch plants, foundries and other activities involving the fabrication of metal products from raw materials, processing of chemicals, and the rendering or refining of oils or animal materials;

E.

Commercial parking lots, as defined in Chapter 17.02;

F.

Any other use not described in the preceding subsections of this section that is determined to be:

1.

Potentially obnoxious, dangerous, or offensive by reason of emission of air pollution, odor, smoke, noise, dust, vibration, glare or heat, or by reason of other impacts or hazards relating to the materials, process, or methods employed by the use, or

2.

Potentially harmful as a result of discharges of any waste material into the ground, or into any sanitary or storm water sewer system, or into any drainage channel, wetland, the Brisbane Lagoon, or the San Francisco Bay.

(Ord. 428 § 3, 1998: Ord. 405 § 1(part), 1996).

No interim use shall be established or operated within the Baylands Subarea without an interim use permit having first been granted pursuant to this chapter to the owner of the property on which the interim use will be located and to the operator of the use, if the owner and the operator are not the same person.

(Ord. 405 § 1(part), 1996).

A.

Application for an interim use permit shall be submitted to the planning director. The application shall be signed by the owner of the property on which the interim use will be located and by the operator of the use. The application shall contain such information concerning the proposed use as may be required by the

planning director and shall be accompanied by the payment of an application fee in such amount as established from time to time by resolution of the city council. The planning director shall make an investigation of the application and shall prepare a report thereon to the planning commission.

B.

The planning commission shall conduct a public hearing on the application for the interim use permit. Notice of the hearing shall be given by mail not less than ten (10) days prior to the date of the hearing to all persons whose names appear on the latest available assessment roll of the county as owning property within three hundred (300) feet from the location where the interim use will be conducted. Notice of the hearing shall also be posted at each of the regular locations in the city where notices of public hearings are posted, not less than ten (10) days prior to the date of the hearing.

(Ord. 405 § 1(part), 1996).

The planning commission may grant the interim use permit as applied for or in modified form if, on the basis of the application and the evidence submitted, the commission makes all of the following findings:

A.

That the proposed interim use and the conditions under which it would be operated will not be detrimental to the public health, safety or welfare, or injurious to properties or improvements in the vicinity;

B.

The proposed interim use will not create any significant unmitigated adverse environmental impacts, as determined by an environmental analysis pursuant to the California Environmental Quality Act;

C.

The proposed interim use will not obstruct, interfere with, or delay the intended redevelopment of the property in accordance with the uses anticipated in the general plan or any adopted specific plan applicable to the site;

D.

All public utilities and other infrastructure improvements required in order for the interim use to be conducted in a safe, sanitary, and lawful manner are either available at the site or shall be installed by the applicant, prior to occupancy, in a manner approved by the city engineer;

E.

The use will provide either or both of the following benefits:

1.

A benefit to the property, including, but not limited to, the elimination of blight or unsightly or hazardous conditions, or the installation of improvements that will facilitate redevelopment of the property, or

2.

A benefit to the public, such as the creation of jobs or revenues or the provision of needed goods or services.

F.

In accordance with Policy No. 328.2 of the general plan, a program will be established by the operator of the interim use to encourage employment of Brisbane residents, to the extent it is reasonably possible to do so, in the construction and operation of the interim use. Implementation of such program shall be made a condition of the interim use permit.

(Ord. 405 § 1(part), 1996).

The planning commission may either grant or deny the application for the interim use permit. If granted, the planning commission may impose such conditions and requirements as it deems appropriate in order to make all of the findings prescribed in Section 17.41.060, but the following mandatory conditions shall be included in every interim use permit:

A.

If the use is being operated by a person other than the owner of the property, the permit shall require both the owner and the operator to furnish the city with an agreement (or a copy of a lease containing such agreement) that: (i) the operator's right to possession of the premises for the purpose of conducting the interim use is dependent upon the interim use permit having been granted and maintained in full force and effect; and (ii) the operator's right to possession of the premises for the purpose of conducting the interim use will terminate upon any expiration or revocation of the interim use permit; and (iii) it shall be the responsibility of the owner to terminate the operator's possession of the premises upon any expiration or revocation of the interim use permit if the operator continues to utilize the premises for the conduct of such interim use.

B.

Each permittee shall be jointly and severally liable for all costs and expenses, including attorneys' fees, the city may incur to enforce the conditions of the interim use permit upon any breach thereof by the permittee, or to abate and remove the interim use upon any failure by the permittee to discontinue such use, or to evict the operator of such use, upon the expiration or revocation of the interim use permit.

In addition to the mandatory conditions described in subsections (A) and (B) of this section, the commission shall also have discretion to require the posting of a cash deposit, bond, or other security to assure compliance by the permittee with the conditions of the interim use permit, including the obligation to terminate and remove the interim use upon expiration or revocation of the permit.

(Ord. 405 § 1(part), 1996).

17.41.080 - Duration of permit-Action by city council-Extensions.

A.

Each interim use permit issued by the planning commission pursuant to this chapter shall have an initial term of not more than five (5) years from the date on which the approval of such permit became final. Unless appealed to the city council, the decision of the planning commission with respect to permits having a term not exceeding five (5) years shall be final.

B.

The applicant may elect to apply for a permit having an initial term in excess of five (5) years, in which event the same proceedings shall be conducted by the planning commission and upon the conclusion thereof, the planning commission shall make a recommendation on the permit application to the city council. The recommendation shall be considered by the city council at a public hearing, with notice thereof given in the same manner as prescribed in Section 17.41.050(B). The city council may adopt, reject, or modify the recommendation of the planning commission and may grant the interim use permit if the council is able to make all of the findings prescribed in Section 17.41.060 of this chapter. If the permit is granted, the city council shall establish the initial term of the interim use permit, which may be any length of time the council deems appropriate.

C.

Upon the expiration of the initial term of the interim use permit, as established by either the planning commission or the city council, the permit shall automatically expire without action of any kind unless the permit is extended in accordance with subsection (D) of this section. Applications for extension must be filed prior to the expiration date of the original permit, or the expiration of any extension thereof.

D.

Unless the original permit was expressly declared to be nonrenewable, the interim use permit may be extended for additional terms of not more than five (5) years each if the approving authority makes all of the findings set forth in Section 17.41.060 as of the time of each renewal. The approving authority for each extension shall be the zoning administrator unless, with respect to any individual permit, the planning commission or the city council specifies itself as the approving authority for any or all extensions of that permit. Where the zoning administrator is the approving authority, he or she may refer any application for extension to the planning commission for action thereon if the zoning administrator determines that special problems or circumstances may exist with regard to the proposed extension. There is no vested right or legal entitlement to an extension and the decision on any application for extension shall be within the sole discretion of the approving authority.

(Ord. 405 § 1(part), 1996).

The authority granting the original interim use permit (either the planning commission or the city council) shall, in all cases, retain continuing jurisdiction over each such permit and may, at any time, either on its own initiative or in response to an application or request to do so, modify or delete any conditions of the permit or impose any new conditions if necessary in order to preserve the public health, safety and welfare, or to prevent the creation or continuance of a public nuisance, or where such action is necessary to

preserve or restore any of the findings set forth in Section 17.41.060. A public hearing on the proposed modification to the permit conditions shall be conducted and notice thereof shall be given in the same manner as prescribed in Section 17.41.050(B).

(Ord. 405 § 1(part), 1996).

An interim use permit may be revoked upon a determination by the authority granting the original permit (either the planning commission or the city council) that the holder of such permit has failed to comply with any of the conditions thereof or has violated any applicable provision of this title. A public hearing on the revocation shall be conducted and notice thereof shall be given in the same manner as prescribed in Section 17.41.050(B).

(Ord. 405 § 1(part), 1996).

Chapter 17.42 - DESIGN PERMITS

A.

Except as otherwise provided in subsection B of this section, a design permit shall be required for the construction of any new principal structure or the substantial modification of an existing principal structure for which no design permit has previously been issued. As used herein, the term "substantial modification" means an alteration or expansion of the exterior and/or interior of the structure to the extent of significantly modifying its basic design, elevations, size, appearance, or relationship to adjacent properties or structures, as determined by the planning director.

B.

No design permit shall be required for the construction or substantial modification of any single-family dwelling, accessory dwelling unit, junior accessory dwelling unit, duplex, or accessory structure, unless part of a dwelling group totaling three (3) or more units or part of a mixed use development, or a design permit for such structure has been required as a condition of a development approval granted by the city. No design permit shall be required for the construction or substantial modification of an emergency shelter of twelve (12) beds or less, as set forth in Section 17.16.040.J.

C.

No design permit shall be required for housing development projects or streamlined housing development projects, as defined in Chapter 17.02; provided, however, housing development projects and streamlined housing development projects are subject to the housing development permit requirements set forth in Chapter 17.45.

(Ord. No. 669, § 6, 5-19-22)

Editor's note— Ord. No. 669, § 6, adopted May 19, 2022, repealed the former § 17.42.010 and enacted a new § 17.42.010 as set out herein. The former § 17.42.010 pertained to requirement for design permit and

derived from Ord. 449 § 1(part), adopted in 2000; and Ord. No. 564, § 3, adopted Oct. 3, 2011.

A.

Contents of Application. Application for a design permit shall be filed with the planning director on such form as the planning director shall prescribe. The application shall be accompanied by legible and reproducible sets of completely dimensioned, scaled site development and architectural plans, with bar scales, showing such of the following items as the planning director deems appropriate in order to evaluate and process the application:

1.

Existing and/or proposed structures with floor plans (with the use of each room/space labeled), roof plans, and elevations of all sides of the existing and/or proposed structures, identifying colors and materials as appropriate, indicating the height from natural and/or finish grade on each elevation of the tallest points of the structure (cross-sections may also be required based upon the complexity of the design), and including UBC type of construction;

2.

Accurately dimensioned property lines, setbacks, structures on adjacent properties (and their uses), streets, easements, existing and proposed utilities, and building coverage and lot area calculations;

3.

Location of existing trees by size (circumference measured twenty-four (24) inches above grade) and type, indicating those proposed for removal;

4.

Conceptual landscaping plans showing species, common name, size and number of plantings, with description of proposed plantings (height at maturity, time to maturity, color, drought/wind/salt tolerance, and deciduousness), calculation of the total square footage of proposed irrigated landscaped area and explanation of proposed method of irrigation;

5.

Existing and proposed parking facilities, including the dimensions of parking spaces, number and location of spaces designated as compact or handicapped spaces, and a calculation of the number of parking spaces required by this title or any other applicable regulations;

6.

Paving details, improved street width (curb-to-curb), sidewalks, and driveway cuts;

7.

Existing and proposed topography of the property (at five-foot intervals), clearly indicating any proposed grading and filling and the amounts in cubic yards of proposed excavation, fill and removal from the site. If requested by the planning director, a soils report and/or geotechnical study shall also be furnished;

8.

Drainage details, exterior lighting, trash enclosures, signs, fences and method of screening exterior mechanical equipment (including rooftop air-conditioning units, transformers and public utilities);

9.

Material and color samples and colored rendering of the project;

10.

Photographs of the Site. Photomontages of the proposal may also be required dependent upon the visual significance of the proposal.

B.

Application Fee. The application shall be accompanied by the payment of a processing fee in such amount as established from time to time by resolution of the city council. In addition to the processing fee, the applicant shall also deposit such amounts as the planning director may require from time to time to cover the cost of any environmental investigations or reports, geotechnical and engineering reports, review of green building documentation, and such other investigations and reports that may be required by the city in connection with the processing of the application.

C.

Newly Constructed Condominiums. In addition to the information listed in this section, an application for a design permit for newly constructed condominiums, as defined in BMC 17.30.020.A, shall also include the materials set forth in Section 17.30.040.

(Ord. 524 § 4, 2007: Ord. 449 § 1(part), 2000).

(Ord. No. 564, § 3, 10-3-11; Ord. No. 612, § 19, 12-8-16; Ord. No. 669, § 6, 5-19-22)

17.42.030 - Public hearing by planning commission—Notice.

The planning commission shall conduct a public hearing on the application for a design permit. Notice of such hearing shall be given as set forth in Chapter 17.54.

(Ord. 449 § 1(part), 2000).

(Ord. No. 564, § 3, 10-3-11; Ord. No. 612, § 20, 12-8-16)

17.42.040 - Findings required for issuance of design permit.

The planning commission may grant a design permit as applied for or in modified form if, on the basis of the application and the evidence submitted, the commission finds and determines the following findings as

may be applicable to the proposed development:

A.

The proposed development is consistent with the general plan and any applicable specific plan.

B.

The proposal's scale, form and proportion, are harmonious, and the materials and colors used complement the project.

C.

The orientation and location of buildings, structures, open spaces and other features integrate well with each other and maintain a compatible relationship to adjacent development.

D.

Proposed buildings and structures are designed and located to mitigate potential impacts to adjacent land uses.

E.

The project design takes advantage of natural heating and cooling opportunities through building placement, landscaping and building design to the extent practicable, given site constraints, to promote sustainable development and to address long term affordability.

F.

For hillside development, the proposal respects the topography of the site and is designed to minimize its visual impact. Significant public views of San Francisco Bay, the Brisbane Lagoon and San Bruno Mountain State and County Park are preserved.

G.

The site plan minimizes the effects of traffic on abutting streets through careful layout of the site with respect to location, dimensions of vehicular and pedestrian entrances and exit drives, and through the provision of adequate off-street parking. There is an adequate circulation pattern within the boundaries of the development. Parking facilities are adequately surfaced, landscaped and lit.

H.

The proposal encourages alternatives to travel by automobile where appropriate, through the provision of facilities for pedestrians and bicycles, public transit stops and access to other means of transportation.

I.

The site provides open areas and landscaping to complement the buildings and structures. Landscaping is also used to separate and screen service and storage areas, break up expanses of paved area and define

areas for usability and privacy. Landscaping is generally water conserving and is appropriate to the location. Attention is given to habitat protection and wildland fire hazard as appropriate.

J.

The proposal takes reasonable measures to protect against external and internal noise.

K.

Consideration has been given to avoiding off-site glare from lighting and reflective building materials.

L.

Attention is given to the screening of utility structures, mechanical equipment, trash containers and rooftop equipment.

M.

Signage is appropriate in location, scale, type and color, and is effective in enhancing the design concept of the site.

N.

Provisions have been made to meet the needs of employees for outdoor space.

(Ord. 449 § 1(part), 2000).

(Ord. No. 556, § 27, 2-22-11; Ord. No. 564, § 3, 10-3-11; Ord. No. 669, § 6, 5-19-22)

A.

The planning commission may deny a design permit for a proposed housing development project, or approve it upon the condition that the project be developed at a lower density, even though the project complies with applicable general plan and zoning standards and design review criteria in effect at the time the application is determined to be complete, subject to both of the following findings, supported by substantial evidence in the record:

1.

The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density.

2.

There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than through disapproval or approval upon the condition that the project be developed at a lower density.

B.

In addition to the findings above, the planning commission may deny a design permit for a proposed housing development project for very low, low-, or moderate-income households or condition approval in a manner that renders development of such a project infeasible, subject to at least one of the following findings, supported by substantial evidence in the record:

1.

The city has met or exceeded its share of the regional housing need allocation for the planning period for each of the income categories proposed for the housing development project as identified in the housing element.

2.

The development project as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

3.

The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households.

4.

The development project is proposed on land which does not have adequate water or wastewater facilities to serve the project.

5.

The development project is inconsistent with both the zoning ordinance and general plan land use designation as of the date the application was deemed complete, and the project is not proposed for a site that is identified as suitable for very low, low-, or moderate-income households in the housing element and is inconsistent with the density specified in the housing element.

C.

As used in this section, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as of the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

D.

Any disapproval or conditional approval of a design permit for a proposed housing development project for very low, low-, or moderate-income households shall not discriminate on the basis of any of the reasons prohibited by California Government Code Section 65008.

(Ord. No. 564, § 3, 10-3-11)

A.

The planning commission may either grant or deny the application for design permit and may grant the permit subject to such conditions as the planning commission deems necessary or appropriate in order to make the findings prescribed by Section 17.42.040.

B.

The design permit shall become effective upon the expiration of fifteen (15) days following the date on which the design permit was granted by the planning commission, unless an appeal has been taken to the city council pursuant to Chapter 17.52 of this title.

(Ord. 449 § 1(part), 2000).

(Ord. No. 564, § 3, 10-3-11)

17.42.060 - Expiration of design permit—Extensions.

A.

A design permit granted pursuant to this chapter shall expire twenty-four (24) months from the date on which such permit became effective, unless prior to such expiration date a building permit for the structure which is the subject of the permit is issued and construction is commenced.

B.

A design permit may be extended by the planning commission for a period or periods of time not exceeding thirty-six (36) months. The application for extension shall be filed prior to the expiration date of the permit and shall be accompanied by payment of a processing fee in such amount as established from time to time by resolution of the city council. A public hearing shall be conducted on the application for extension and notice thereof shall be given in the same manner as prescribed in Section 17.42.030 of this chapter. Extension of a design permit is not a matter of right and the approving authority may deny the application or grant the same subject to conditions.

(Ord. 449 § 1(part), 2000).

(Ord. No. 564, § 3, 10-3-11)

17.42.070 - Amendment of design permit—Minor modifications.

A.

Amendments or modifications to a design permit shall require approval by the planning commission, except that the zoning administrator shall have authority to approve the following matters:

Any items which, under the terms of the design permit, have been delegated to the zoning administrator for approval, either as a condition for issuance of the permit or at any time thereafter;

2.

Minor changes during the course of construction which do not materially affect the use, nature, appearance, quality or character of the project.

B.

The application requirements, public hearing procedures and findings required for amendments or modifications to a design permit shall be as prescribed in Sections 17.42.020, 17.42.030 and 17.42.040 of this chapter.

(Ord. 449 § 1(part), 2000).

(Ord. No. 564, § 3, 10-3-11)

Any determination or decision by the planning commission under this chapter may be appealed to the city council in accordance with the procedure set forth in Chapter 17.52 of this title.

(Ord. 449 § 1(part), 2000).

(Ord. No. 564, § 3, 10-3-11)

Chapter 17.43 - ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS[[11]]

Footnotes:

--- ( 11 ) ---

Editor's note— Ord. No. 653, § 32, adopted Oct. 15, 2020, amended Chapter 17.43 in its entirety to read as herein set out. Former Chapter 17.43, §§ 17.43.010—17.43.070, pertained to Accessory dwelling units, and derived from Ord. No. 615, § 5, adopted Feb. 2, 2017.

Accessory dwelling units and junior accessory dwelling units are permitted under this chapter to achieve the following purposes:

A.

To provide opportunities to establish accessory dwelling units and junior accessory dwelling units on building sites developed with existing or proposed single-family dwellings, duplexes, or multiple-family dwellings.

B.

To provide affordable housing to meet the needs of Brisbane citizens.

C.

To ensure that the development of accessory dwelling units is compatible with existing development and reflects the diversity of the community.

D.

To implement and promote the goals and policies of the general plan so as to guide and manage residential development in the city in accordance with such plan.

(Ord. No, 653, § 32, 10-15-20)

In addition to the definitions set forth in Chapter 17.02, all of which are applicable to this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, in accordance with Chapter 13 to Division 1 of Title 7 of the Government Code, or successor provisions, unless the context or the provision clearly requires otherwise:

"Impact fees" include the fees specified in Sections 66000 and 66477 of the Government Code, but do not include utility connection fees or capacity charges.

"Living area" means the interior habitable area of a main dwelling unit, including basements and attics but not including a garage or any accessory structure.

"Main dwelling" means that dwelling unit on the property that is not an accessory dwelling unit or a junior accessory dwelling unit.

"Efficiency kitchen" means a kitchenette or a small kitchen or part of a room equipped as a kitchen in a junior accessory dwelling unit and shall include all of the following: (1) a cooking facility with appliances, and (2) a food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

"Multiple-family dwellings" means a dwelling than contains two (2) or more attached dwelling units (including a "duplex"), provided, however, that a property containing a single-family dwelling and an attached lawful accessory dwelling unit and/or a junior accessory dwelling unit shall not be deemed a multiple-family dwelling. The term does not include a dwelling group as defined in Section 17.02.235.

"State-exempt accessory dwelling unit" means an accessory dwelling unit that is not subject to development or design standards, including both standards within this title and standards found in state accessory dwelling unit law that are not specifically listed in Government Code § 66323. This includes, but is not limited to, parking, height, setbacks, or other zoning provisions (e.g., lot size, open space, floor area ratio, etc.). See Section 17.43.070(A) for accessory dwelling units that are considered state-exempt accessory dwelling units.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 7, 10-2-25)

17.43.030 - Permit requirements.

A.

Except as provided by subsection C of this Section 17.43.030, building permit applications for junior accessory dwelling units or accessory dwelling units shall be ministerially processed within sixty (60) days of receipt of a complete building permit application and approved if they meet the requirements of this chapter. Incomplete applications will be returned to the applicant with a written explanation of the additional information required for approval.

B.

Notwithstanding subsection A, if the building permit application submitted will also create a new singlefamily dwelling or multiple-family dwelling on the lot, the application for the junior accessory dwelling unit or accessory dwelling unit(s) shall not be acted upon until the building permit application for the new singlefamily dwelling or multiple-family dwelling is approved, but thereafter shall be ministerially processed within sixty (60) days of receipt of a complete application and approved if it meets the requirements of this chapter. Occupancy of the junior accessory dwelling unit or accessory dwelling unit(s) shall not be allowed until the city approves occupancy of the main dwelling.

C.

The city shall grant a delay in processing an application for an accessory dwelling unit or junior accessory dwelling unit if requested by the applicant in writing.

D.

All junior accessory dwelling unit and accessory dwelling unit applications shall be subject to building inspection and permit fees as established by resolution of the city council and water and sewer connection and capacity fees in compliance with Title 13, except that:

1.

No impact fees may be imposed on a junior accessory dwelling unit or accessory dwelling unit that is less than seven hundred fifty (750) square feet.

2.

For accessory dwelling units that have a floor area of seven hundred fifty (750) square feet or more, impact fees shall be charged proportionately in relation to the current impact fees for the square footage of the main dwelling.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 8, 10-2-25)

Accessory dwelling units shall comply with all of the following development standards:

A.

Zoning Districts. Accessory dwelling units may only be established or occupied in the R-1, R-2, R-3, R-BA, NCRO-2, SCRO-1, PAOZ-1, PAOZ-2 and PD zoning districts with an existing or proposed single-family, multiple-family dwelling, or dwelling group.

B.

Density. An accessory dwelling unit that conforms to this chapter shall be deemed to be an accessory use or an accessory building and shall not be considered to exceed the allowable density for the lot upon which it is located. The accessory dwelling unit shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot and shall not be considered in the application of any city ordinance, policy, or program to limit residential growth.

C.

Lot Size. There is no minimum lot size requirement.

D.

Number of Units.

1.

Notwithstanding subsection 3., no more than one accessory dwelling unit may be constructed on any lot developed with a single-family, multiple-family dwelling, or dwelling group, except that multiple stateexempt accessory dwelling units may be constructed in accordance with Section 17.43.070.

2.

The maximum number of accessory dwelling units permitted on any lot developed with a multiple-family dwelling shall comply with Section 17.43.050 of this chapter.

3.

No more than a total of four (4) dwelling units, including accessory dwelling units, may be built in the same lot area typically used for a single-family residence for which an urban lot split or two-unit development was approved under Chapter 17.05 of this title.

E.

Attached or Detached. Accessory dwelling units may be attached to or located within the existing or proposed main dwelling, including garages, storage areas, or accessory structures, or detached from the main dwelling on the same lot.

F.

Unit Size. Accessory dwelling units shall not exceed one thousand (1,000) square feet in floor area, as defined in Section 17.02.315 of Chapter 17.02 of this title.

Unit size for state-exempt accessory dwelling units is established under Section 17.43.070(C).

G.

Setbacks. Accessory dwelling units shall be subject to the following setback requirements:

1.

Front Setback: The minimum front setback shall be as established in the underlying zoning district regulations.

a.

State-exempt units may be located anywhere in the front setback area.

2.

Side Setback. Accessory dwelling units on any lot shall have a side setback of at least four (4) feet or as established in the underlying zoning district, whichever is less.

3.

Rear Setback. Accessory dwelling units on any lot shall have a rear setback of at least four (4) feet.

4.

No setback shall be required for an existing, legally permitted living area, garage, or accessory structure with nonconforming setbacks that is converted to an accessory dwelling unit or a portion of an accessory dwelling unit or an accessory dwelling unit constructed in the same location and to the same dimensions, including height, as an existing, legally permitted living area, garage, or accessory structure with nonconforming setbacks.

5.

Setback exceptions for detached accessory dwelling units.

a.

Overhanging architectural features (such as eaves, cornices canopies, rain gutters and downspouts) may extend into required setback areas, but no closer than two and one-half (2½) feet from the side lot line. Rain gutters and downspouts may extend no closer than two (2) feet from the side lot line. A noncombustible awning over the main entrance to an accessory dwelling unit may [extend] into any portion of the setback area, but shall not extend over or drain onto an abutting property.

b.

Stairs, ramps and landings (that are open and uncovered) shall be constructed of noncombustible material. No more than one set of stairs per accessory dwelling unit may extend from the structure into required setback areas. Stairs on grade, sidewalks, and other flatwork constructed of noncombustible materials may be located anywhere within setback areas.

c.

Supported decks, cantilevered decks and balconies shall be no closer than four (4) feet from any property line or the minimum setback required within the underlying zoning district, whichever is less.

d.

No exceptions to the setback requirements shall be permitted for any of the following: cantilevered windows (such as bay, box, bow, and greenhouse windows); chimney boxes; exposed plumbing; or mechanical equipment such as heating, air conditioning units, or heat pumps.

6.

Setback exceptions for attached accessory dwelling units are as provided in Section 17.32.070 of this title.

H.

Lot Coverage. Accessory dwelling units shall be included in calculating the lot coverage for the lot on which the accessory dwelling unit is located.

1.

State-exempt accessory dwelling units shall be excluded from lot coverage requirements.

I.

Floor Area Ratio. The floor area of the accessory dwelling unit shall be included in calculating the floor area ratio for the lot on which the accessory dwelling unit is located.

1.

State-exempt accessory dwelling units shall be excluded from floor area ratio calculations.

J.

Height.

1.

Attached accessory dwelling units shall not exceed two (2) stories and shall be subject to the height maximum established in the underlying zoning district.

2.

Detached accessory dwelling units:

a.

On a lot with an existing or proposed single family or single-story, multifamily dwelling unit, detached accessory dwelling units shall not exceed sixteen (16) feet.

b.

On a lot with an existing or proposed multistory, multifamily dwelling unit, detached accessory dwelling units shall not exceed eighteen (18) feet.

c.

On a lot with an existing or proposed single family or multifamily dwelling unit that is within one-half of one mile walking distance of a major transit stop or a high-quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, detached accessory dwelling units shall not exceed eighteen (18) feet.

K.

Required Facilities. An accessory dwelling unit shall include all of the following facilities:

1.

A kitchen, including a sink, food preparation counter, storage cabinets, and permanent cooking facilities such as a range or cooktop and oven, that meet Building Code standards; and

2.

A full bathroom, including sink, toilet, and shower and/or bath facilities.

L.

Landscaping. Accessory dwelling units shall be subject to the landscaping requirements of the underlying zoning district except that state-exempt accessory dwelling units are exempt from landscaping requirements.

M.

Parking. Parking spaces for the main dwelling and accessory dwelling units shall be provided in accordance with the requirements set forth in Chapter 17.34 except that state-exempt accessory dwelling units are exempt from parking requirements.

1.

When a garage, carport, covered parking structure, or uncovered parking space is demolished or converted in conjunction with the construction of an accessory dwelling unit, any parking spaces that were provided by such garage, carport, covered parking structure, or uncovered parking space are not required to be replaced.

N.

Unit Access.

As required by Section 17.01.060, the lot on which the accessory dwelling unit is located shall have a legal means of access to the public right of way that complies with the street standards set forth in Section 12.24.010.

2.

A separate exterior entry from the main entrance to the main dwelling shall be required to serve each attached accessory dwelling unit. Interior entry access between an accessory dwelling unit and the main dwelling is permitted, provided that the interior entry is located off a common living area of the main dwelling, such as a living room, family room, dining room, kitchen, or an interior hallway leading to common living areas.

O.

Utilities. The lot is served by adequate water, sewer, and storm drain facilities which comply with city standards as established per Title 13 of this code. An accessory dwelling unit shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for water and sewer service provided by the city, pursuant to Title 13 of this code. As to the main dwelling, a separate water connection, a separate sewer service connection, or a separate power connection for water, sewer, and power service is not required for an accessory dwelling unit.

P.

Compliance with Codes. The accessory dwelling unit and all new construction on the lot that will be performed in connection therewith shall comply with all applicable provisions of this title and all applicable building, health and fire codes.

1.

Accessory dwelling units shall not be required to provide fire sprinklers except when fire sprinklers are required for the main dwelling, as determined by the building official consistent with Chapter 15.10.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 9, 10-2-25)

17.43.050 - Accessory dwelling units in multiple-family dwellings.

A.

Accessory dwelling units on lots with existing or proposed multiple-family dwellings shall comply with the development regulations established in Section 17.43.040 of this chapter, except that multiple stateexempt accessory dwelling units may be constructed in accordance with subsection B.

B.

Multiple state-exempt accessory dwelling units shall be allowed on lots with existing or proposed multiplefamily dwellings, as defined in Section 17.43.020, in accordance with Section 17.43.070 as follows:

1.

Attached Accessory Dwelling Units. At least one attached accessory dwelling unit shall be allowed per lot developed with an existing multiple-family dwelling.

a.

The total number of attached accessory dwelling units permitted shall not exceed a maximum of twentyfive percent (25%) of the total number of existing dwelling units within the existing multiple-family dwelling.

b.

Attached accessory dwelling units shall be allowed within existing portions of multiple-family dwellings that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, provided, that each accessory dwelling unit complies with state building standards for dwellings. An accessory dwelling unit shall not be created within any portion of the habitable area of an existing dwelling unit in a multiple-family dwelling.

2.

Detached Accessory Dwelling Units. Multiple detached accessory dwelling units, not to exceed the numbers specified below, as applicable, shall be allowed on a lot that has an existing or proposed multifamily dwelling provided that all detached accessory dwelling units shall be state-exempt accessory dwelling units constructed in accordance with Section 17.43.070.

a.

Existing Multiple-Family Dwelling. In addition to attached accessory dwelling units permitted under subsection A, not more than eight (8) detached accessory dwelling units, provided that the number of detached accessory dwelling units shall not exceed the number of existing main dwelling units on the lot.

b.

Proposed Multiple-Family Dwelling. Not more than two (2) detached accessory dwelling units may be allowed.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 10, 10-2-25)

17.43.060 - Development regulations for junior accessory dwelling units.

Junior accessory dwelling units shall comply with all of the following development standards:

A.

Zoning Districts. Junior accessory dwelling units may only be established or occupied on lots in the R-1, R- 2, R-3, R-BA, NCRO-2, SCRO-1, PAOZ-1, and PD zoning districts with an existing or proposed singlefamily dwelling.

B.

Density. A junior accessory dwelling unit that conforms to this Chapter 17.43 shall be deemed to be an accessory use and shall not be considered to exceed the allowable density for the lot upon which it is

located. The junior accessory dwelling unit shall be deemed to be a residential use that is consistent with the existing general plan and zoning designations for the lot and shall not be considered in the application of any local ordinance, policy, or program to limit residential growth.

C.

Lot Size. There is no minimum lot size requirement.

D.

Number of Units.

1.

Notwithstanding subsection 3., no more than one junior accessory dwelling unit may be constructed on any lot developed with an existing or proposed single-family dwelling.

2.

A junior accessory dwelling unit may be permitted on a lot with an accessory dwelling unit, provided that the accessory dwelling unit(s) qualify as state-exempt units in accordance with Section 17.43.070.

3.

No more than a total of four (4) dwelling units, including junior accessory dwelling units, may be built in the same lot area typically used for a single-family residence for which an urban lot split or two-unit development was approved under Chapter 17.05 of this title.

E.

Floor Area Requirements.

1.

Junior accessory dwelling unit shall not exceed five hundred (500) square feet in floor area and shall be constructed within the existing walls of the main dwelling. For purposes of this section, enclosed uses within the main dwelling, such as attached garages, are considered a part of the proposed or existing single-family residence.

2.

The floor area of the junior accessory dwelling unit shall be included in calculating the floor area ratio for the lot on which the junior accessory dwelling unit is located and subject to the maximum floor area ratio established in the underlying zoning district.

a.

State-exempt junior accessory dwelling units shall be excluded from floor area ratio calculations.

F.

Unit Access.

1.

As required by Section 17.01.060, the lot on which the junior accessory dwelling unit is located shall have a legal means of access to the public right of way that complies with the street standards set forth in Section 12.24.010.

2.

A separate exterior entry from the main entrance to the main dwelling shall be provided to serve the junior accessory dwelling unit only. Interior entry access between the junior accessory dwelling unit and the main dwelling is permitted, provided that the interior entry is located off a common living area of the main dwelling, such as a living room, family room, dining room, kitchen, or an interior hallway leading to these common living areas.

G.

Required Facilities. A junior accessory dwelling unit shall include all of the following facilities:

1.

At a minimum, an efficiency kitchen.

2.

Sanitation facilities, but such facilities may be separated from or shared with the main dwelling.

H.

Owner Occupancy. Either the main dwelling or the junior accessory dwelling unit shall be occupied by the record owner of the property as the owner's principal place of residence. In the case of ownership by a corporation, limited liability company, partnership, trust or association, either the main dwelling or the junior accessory dwelling unit shall be the principal place of residence of an officer, director, shareholder, or member of the company, a partner in the partnership, a trustor or beneficiary of the trust, a member of the association, or an employee of any such organization. Owner-occupancy shall not be required if the owner is another governmental agency, land trust, or housing organization.

I.

Recordation of Declaration of Restrictions.

1.

A declaration of restrictions shall be recorded to run with the land that indicates the following:

a.

Only one unit may be occupied solely by persons other than the owner or owners of record;

b.

If a junior accessory dwelling unit is rented, the unit shall not be rented for a period of less than thirty (30) consecutive calendar days;

c.

Sale of the junior accessory dwelling unit separately from the main dwelling is prohibited; and

d.

The approved size and attributes of the junior accessory dwelling unit.

2.

A copy of this declaration of restrictions must be given to each prospective purchaser or occupant.

J.

Parking. Parking spaces for the main dwelling and junior accessory dwelling unit shall be provided in accordance with the requirements set forth in Chapter 17.34 of this title.

1.

When a garage is converted in conjunction with the construction of a junior accessory dwelling unit, any parking spaces that were provided by such garage are not required to be replaced.

K.

Utilities. The lot shall be served by adequate water, sewer, and storm drain facilities which comply with city standards as established per Title 13 of this code. A junior accessory dwelling unit shall not be considered a new residential use for the purposes of calculating connection fees or capacity charges for water and sewer service provided by the City.

L.

Compliance with Codes. The junior accessory dwelling unit and all new construction on the lot that will be performed in connection therewith shall comply with all applicable provisions of this title and all applicable building, health, and fire codes.

1.

Junior accessory dwelling units shall not be required to provide fire sprinklers except when fire sprinklers are required for the main dwelling, as determined by the building official consistent with Chapter 15.10.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 11, 10-2-25)

17.43.070 - State-exempt accessory and junior accessory dwelling units.

A.

The following types of units shall be considered state-exempt accessory dwelling units when all requirements and development regulations indicated under subsection C., are met:

1.

An accessory dwelling unit within the proposed space of a single-family dwelling, or existing space of a single-family dwelling or accessory structure.

2.

A newly constructed, detached accessory dwelling unit.

3.

Accessory dwelling units constructed within an existing multiple-family dwelling structure not used as livable space.

4.

Detached accessory dwelling units on a lot with an existing or proposed multiple-family dwelling.

5.

A junior accessory dwelling unit within the proposed space of a single-family dwelling or existing space of a single-family dwelling when combined with an accessory dwelling unit from subsections A.1., or A.2., above.

B.

The following state-exempt accessory dwelling units are allowed as follows:

1 Any combination of type 1, 2, or 5 state-exempt units may be combined on a single lot with a singlefamily main dwelling. Provided, however, no more than a total of 4 dwelling units, including ADUS and JADUs, may be built in the same lot area typically used for a single-family residence for which an urban lot split or two-unit development was approved under Chapter 17.05 of this title.

2 Any combination of type 3 or 4 state-exempt units may be combined on a single lot with a multiplefamily main dwelling.

C.

The following shall apply to state-exempt units, in addition to compliance with the development regulations established in Sections 17.43.040 thru 17.43.060 above:

(Ord. No. 700, § 15, 10-2-25)

Editor's note— Ord. No. 700, §§ 12—14, adopted October 2, 2025, renumbered the former §§ 17.43.070 —17.43.090 as §§ 17.43.080—17.43.100 and enacted a new § 17.43.070 as set out herein. The historical notation has been retained with the amended provisions for reference purposes.

17.43.080 - Prohibition on sale and limitation on rental.

A.

Accessory dwelling units and junior accessory dwelling units shall not be sold separately from the main dwelling(s).

B.

If an accessory dwelling unit or junior accessory dwelling unit is rented, the unit shall not be rented for a period of less than thirty (30) consecutive calendar days.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 12, 10-2-25)

Editor's note— Formerly, § 17.43.070. See Editor's note under § 17.43.070.

17.43.090 - Delay of enforcement of building standards.

A.

Prior to January 1, 2030, the owner of an accessory dwelling unit that was built before January 1, 2020, may submit an application to the building official requesting that correction of any violation of building standards be delayed for five (5) years. For the purposes of this section, "building standards" refer to those standards enforced by local agencies under the authority of Section 17960 and following of the California Health and Safety Code.

B.

The building official shall grant any application submitted under subsection A. of this section if the building official determines that enforcement of the building standard is not necessary to protect health and safety. In making this determination, the building official shall consult with the fire marshal.

C.

No applications submitted pursuant to this section shall be approved on or after January 1, 2030; provided, however, any delay to correct a violation that was approved by the building official before January 1, 2030, shall be valid for the full term of the delay that the building official approved at the time the building official approved the application.

D.

Until January 1, 2030, any notice to correct a violation of building standard that is issued to the owner of an accessory dwelling unit built before January 1, 2020 shall include a statement that the owner has a right to

request a delay in enforcement of the building standard for an accessory dwelling unit pursuant to this section.

E.

This section shall remain in effect until January 1, 2035, and as of that date is repealed.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 13, 10-2-25)

Editor's note— Formerly, § 17.43.080. See Editor's note under § 17.43.070.

Any decision or determination by the Planning Director pursuant to this chapter may be appealed in accordance with the procedure set forth in Chapter 17.52 of this title.

(Ord. No, 653, § 32, 10-15-20; Ord. No. 700, § 14, 10-2-25)

Editor's note— Formerly, § 17.43.090. See Editor's note under § 17.43.070.

Chapter 17.44 - HOME OCCUPATIONS[[12]]

Footnotes:

--- ( 12 ) ---

Prior ordinance history: Ord. 298.

In addition to the objectives set forth in Section 17.01.030, home occupation permits are included in the Zoning Ordinance to achieve the following purposes:

A.

To support economic opportunities and encourage the development of small locally owned businesses by allowing certain commercial activities to be conducted by the occupants of residential dwellings.

B.

To protect the character of residential districts and the health and safety of the community by establishing performance standards for the conduct of home occupations.

C.

To implement and promote the goals and policies of the general plan so as to guide and manage home occupations in accordance with such plan.

(Ord. 463 § 11(part), 2002).

A.

A home occupation may be conducted in any dwelling unit, or in an accessory structure on the same site, by the occupant of such dwelling unit, only upon the granting of a home occupation permit by the planning director pursuant to this chapter.

B.

No person, other than the person to whom the home occupation permit is issued, shall be authorized to conduct the home occupation. Home occupation permits shall constitute personal licenses granted to the individual applicant for the permit and may not be sold, transferred or assigned to any other person, nor shall such permits run with the land. If granted, the home occupation permit shall be effective only with respect to the particular property identified in the permit and may not be transferred or used for the conduct of a home occupation at any other location.

(Ord. 463 § 11(part), 2002).

A.

Application for a home occupation permit shall be made by the occupant to the planning director on such form as the planning director shall prescribe. The application shall be accompanied by payment of a filing fee established from time to time by resolution of the city council. The planning director may request the applicant to submit any additional information or documents the planning director deems necessary in order to evaluate the impacts of the proposed home occupation, and until such items are furnished, the application shall not be considered complete.

B.

Within thirty (30) days after receipt of the completed application, the planning director shall either grant or deny the home occupation permit. The permit may be granted subject to any conditions imposed by the planning director, and may be granted only for a specified period of time. The planning director shall give written notice to the applicant of the decision rendered by the planning director and such decision shall become effective as of the date of the notice.

(Ord. 463 § 11(part), 2002).

No home occupation permit shall be granted unless the planning director finds and determines that the proposed activity will be conducted in compliance with each of the following performance standards as may be applicable:

A.

The home occupation shall be conducted entirely within an enclosed structure; provided, however, the planning director may grant an exception to this standard if the planning director determines that the activity to be conducted outside of the structure:

1.

Shall not create a nuisance or in any way adversely affect neighboring properties or the public welfare; and

2.

Shall not create the appearance of a nonresidential use on the site.

B.

A home occupation conducted in a garage shall not reduce the parking required for the building site.

C.

The home occupation shall not generate pedestrian or vehicular traffic beyond that normal to the zoning district in which it is located.

D.

The home occupation shall not involve employees at the site other than those who reside at the dwelling unit; provided, however, the planning director may grant an exception to this standard if the planning director determines that:

1.

Occasional trips to the site by employees who generally work off the premises do not exceed the trip generations that would normally be expected for single family dwellings; and

2.

There are sufficient parking places available for employees visiting the; and

3.

Vehicles and equipment used by employees who generally work off the premises are not stored at the site.

E.

Commercial vehicles making deliveries to or from the premises shall be no larger than a step-van or similar vehicle normally used for making small package deliveries to residential neighborhoods.

F.

Stock in trade may be kept on the site provided the stock in trade is sold off the premises or by limited appointment.

G.

The home occupation shall not be conducted and the premises shall not be altered or used in a manner that would give the dwelling unit the appearance of a nonresidential use.

H.

No mechanical or electrical equipment shall be used on the premises which causes undue noise, electrical interference, or other adverse impact upon any adjacent properties.

I.

Signs for the home occupation shall comply with the regulations set forth in Chapter 17.36.

J.

The home occupation shall not involve the use of any toxic, hazardous, flammable, or other material or waste that may cause a threat to the public health or safety.

(Ord. 463 § 11(part), 2002).

A.

The planning director shall retain continuing jurisdiction over the home occupation permit and may, at any time, modify or revoke the permit, upon the occurrence of any of the following events:

1.

The home occupation is being conducted in violation of any condition of the home occupation permit, or in violation of any provision of this chapter or any other applicable statute, ordinance, rule or regulation of any governmental authority; or

2.

The activity being conducted is materially different from the activity described in the application for the home occupation permit; or

3.

The home occupation, as conducted, does not comply with any of the applicable performance standards set forth in Section 17.44.050 of this chapter, or is otherwise found to be detrimental to the public health, safety or general welfare.

B.

In the event the planning director proposes to modify or revoke the home occupation permit, the director shall give a written notice of intent to the permittee and afford the permittee a period of at least ten (10) days to request a hearing before the planning director to protest the intended action. If no hearing is requested within the specified time, the planning director may proceed with the action described in the notice. If a hearing is requested, the planning director shall fix a time and place for the hearing, which shall be not less than ten (10) days after the director's receipt of the request. Following the conclusion of the hearing, the planning director shall issue to the permittee a written decision containing the findings of the director and the action taken with regard to the modification or revocation of the home occupation permit.

(Ord. 463 § 11(part), 2002).

Any decision or determination by the planning director pursuant to this chapter may be appealed to the planning commission in accordance with the procedure set forth in Chapter 17.52 of this title.

(Ord. 463 § 11(part), 2002).

Chapter 17.45 - HOUSING DEVELOPMENT PERMITS

A.

Except as otherwise provided in subsection B of this section, a housing development permit shall be required for the construction of any new principal structure that meets the definition of a housing development project or a streamlined housing development project, as defined in Chapter 17.02.

B.

No housing development permit shall be required for the construction or substantial modification of a single-family dwelling, accessory dwelling unit, or junior accessory dwelling unit, unless part of a dwelling group totaling three (3) or more units. No housing development permit shall be required for the construction or substantial modification of a duplex, unless the duplex is located in the R-3 Zoning District.

C.

The community development director shall determine applicability of this section within thirty (30) days of submittal of a complete housing development permit application.

(Ord. No. 669, § 7, 5-19-22)

A.

Contents of Application. Applications for a housing development permit shall be filed with the planning director on such form as the planning director shall prescribe. The application shall be accompanied by legible and reproducible sets of completely dimensioned, scaled site development and architectural plans, with bar scales, showing such of the following items as the planning director deems appropriate in order to evaluate and process the application:

1.

Existing and/or proposed structures with floor plans (with the use of each room/space labeled), roof plans, and elevations of all sides of the existing and/or proposed structures, identifying colors and materials as appropriate, indicating the height from natural and/or finish grade on each elevation of the tallest points of the structure (cross-sections may also be required based upon the complexity of the design), and including UBC type of construction;

2.

Accurately dimensioned property lines, setbacks, structures on adjacent properties (and their uses), streets, easements, existing and proposed utilities, and building coverage and lot area calculations;

3.

Location of existing trees by size (circumference measured twenty-four (24) inches above grade) and type, indicating those proposed for removal;

4.

Conceptual landscaping plans showing species, common name, size and number of plantings, with description of proposed plantings (height at maturity, time to maturity, color, drought/wind/salt tolerance, and deciduousness), calculation of the total square footage of proposed irrigated landscaped area and explanation of proposed method of irrigation;

5.

Existing and proposed parking facilities, including the dimensions of parking spaces, number and location of spaces designated as compact or handicapped spaces, and a calculation of the number of parking spaces required by this title or any other applicable regulations;

6.

Paving details, improved street width (curb-to-curb), sidewalks, and driveway cuts;

7.

Existing and proposed topography of the property (at five-foot intervals), clearly indicating any proposed grading and filling and the amounts in cubic yards of proposed excavation, fill and removal from the site. If requested by the planning director, a soils report and/or geotechnical study shall also be furnished;

8.

Drainage details, exterior lighting, trash enclosures, signs, fences and method of screening exterior mechanical equipment (including rooftop air-conditioning units, transformers and public utilities);

9.

Material and color samples and colored rendering of the project;

10.

Photographs of the Site. Renderings of the proposal may also be required dependent upon site circumstances.

B.

Application Fee. The application shall be accompanied by the payment of a processing fee in such amount as established from time to time by resolution of the city council. In addition to the processing fee, the

applicant shall also deposit such amounts as the planning director may require from time to time to cover the cost of any environmental investigations or reports, geotechnical and engineering reports, review of green building documentation, and such other investigations and reports that may be required by the city in connection with the processing of the application.

C.

Newly Constructed Condominiums. In addition to the information listed in this section, an application for a housing development permit for newly constructed condominiums, as defined in 17.30.020.A of this title, shall also include the materials stipulated in Section 17.30.040.

D.

Streamlined Housing Development Projects. Applications for streamlined housing development projects shall include additional supporting documentation to demonstrate eligibility as set forth on a form prescribed by the city.

(Ord. No. 669, § 7, 5-19-22)

Housing development projects and streamlined housing development projects must be consistent with each of the objective design standards below. Supplementary housing development design guidelines may be established and may be used as a supplement to these objective standards:

A.

Site Design.

1.

A minimum of one main exterior pedestrian entrance shall be publicly visible per building. Buildings entirely located greater than fifty (50) feet from front property line are excluded from this requirement if another building on that site has at least one main publicly-visible exterior pedestrian entrance.

2.

At least fifty percent (50%) percent of any street-facing, ground-floor facade shall be parallel to the street.

B.

Roof Design. Rooflines shall be articulated at least every fifty (50) feet along the street frontage. For purpose of this standard, roofline articulation can be achieved through the use of architectural elements such as parapets, varying cornices, reveals, clerestory windows, and varying roof height, roof planes, special treatment of corner elements, and/or form.

C.

Materials.

Affordable units and market rate units in the same development shall be constructed of the same or similar exterior materials and details such that the units are not distinguishable.

2.

Buildings over two (2) stories must provide a ground floor elevation that is distinctive from the upper stories by providing a material change between the first floor and upper floors along at least seventy-five percent (75%) of the building façade with frontage upon a street, adjacent public park, or public open space.

3.

Buildings shall carry the same theme on all elevations. For the purposes of this standard, a theme includes primary (non-accent) materials and colors.

4.

Exterior materials and finishes shall be consistent with the proposed architectural style.

5.

Exterior primary (non-accent) materials and finishes shall be durable and have a demonstrated service life of at least thirty (30) years (e.g. a warranty period provided by its installer).

6.

At least two (2) materials shall be used on any building frontage, in addition to glazing, trim, railings, and any visible roofing or building skirt materials.

7.

For buildings in the SCRO-1 District, durable and highly resistant building base materials, such as precast concrete, brick, stone masonry, and commercial grade ceramic, shall be selected to withstand pedestrian traffic.

8.

Materials for roofing, buildings, and windows shall be consistent with the community development department's supplemental housing development design guidelines.

D.

Window Design. Window trim of at least one inch width shall be provided at all exterior window and door openings. In lieu of exterior window trim, windows may be recessed from wall plane by a minimum of three (3) inches.

E.

Stepbacks. For buildings in the SCRO-1 District:

1.

Front: Structures shall include a five-foot minimum front step-back for the third story or any floor above twenty-five (25) feet along at least thirty percent (30%) of the frontage, and a ten-foot minimum front stepback for the fourth story or any floor above thirty-five (35) feet in height. For corner lots, the stepped back portion of the structure shall be located away from the corner, defined as the portion of the structure that faces the intersection of two (2) public rights-of-way, in order to add emphasis to architectural corner elements.

2.

Rear and interior side: Structures shall not intercept a forty-five-degree inclined plane inward from a height of ten (10) feet above existing grade at any rear or interior lot line adjoining an R-1, R-2, or R-BA district.

Figure 17.45.030-1 SCRO-1 Stepbacks

==> picture [336 x 183] intentionally omitted <==

F.

Ground Floor Requirements.

1.

Minimum Height. Any ground floor associated with a non-residential use shall have a minimum finished floor to ceiling height of twelve (12) feet.

2.

Ground Floor Transparency. The ground-floor street-facing building walls of non-residential uses shall provide transparent windows or doors with views into the building for a minimum of sixty-five percent (65%) of the building frontage located between two and one-half (2½) and seven (7) feet above the sidewalk. Ninety percent (90%) of the transparent windows or doors area shall remain clear to allow views into the building. The transparent area shall be maintained and not obscured. Street-facing areas used as parking structures or garage doors are exempt from this requirement, but are subject to the design requirements in subsection H.3 below.

Figure 17.45.030-2 Ground Floor Requirements

==> picture [336 x 112] intentionally omitted <==

G.

Massing and Articulation.

1.

A minimum of one architectural feature, such as balconies, cantilevers, dormers, bay windows, patios, and individualized entries, shall be incorporated into each building.

2.

Blank walls (façades without doors, windows, landscaping treatments) shall be less than fifteen (15) feet in length along sidewalks, pedestrian walks, or publicly accessible outdoor space areas.

3.

Articulation Requirements. For purposes of this chapter, articulation shall be defined as a minimum of twelve (12) inches of offset in plane, as defined in Section 17.02.050.A. Unless exempted, outside walls that are greater in size than twenty (20) feet in width and twenty (20) feet in height shall have a cumulative area of articulation as follows:

a.

Front outside wall: Thirty percent (30%) articulation of total wall area.

b.

Side outside walls:

i.

Interior side outside wall: Where the structure is located on a lot having an average width of forty (40) feet or greater, the articulation requirement for the interior side outside wall shall be twenty percent (20%) of total wall area. No articulation shall be required for the interior side outside wall of structures located on lots having an average width of less than forty (40) feet.

ii.

Exterior side outside wall: Where the structure is located on a lot having an average width of forty (40) feet or greater, the articulation requirement for the exterior side outside wall shall be twenty percent (20%) of

total wall area. No articulation shall be required for the exterior side outside wall of structures located on lots having an average width of less than forty (40) feet.

c.

Rear outside wall: Thirty percent (30%) articulation of total wall area.

d.

Exemptions. Single-story two (2) car garages and accessory structures not exceeding a floor area of one hundred twenty (120) square feet. Parking structures are exempt but subject to the articulation requirements in subsection H.3 below.

4.

Massing Breaks. Massing breaks, as described below, shall be required for buildings with street frontage of thirty (30) feet or greater. Ground floor non-residential uses shall be exempt from massing break requirements.

a.

Minor. Buildings shall have minor massing breaks at least every thirty (30) feet along the street frontage, through the use of varying setbacks, building entries and recesses, or structural bays. Minor breaks shall be a minimum of one foot deep and four (4) feet wide and extend the full height of the building.

b.

Major. Buildings shall have major massing breaks at least every sixty (60) feet along any street frontage, adjacent public park, publicly accessible outdoor space, or designated open space, through the use of varying setbacks and/or building entries. Major breaks shall be a minimum of three (3) feet deep and four (4) feet wide and extend the full height of the building.

Figure 17.45.030-3 Articulation and Massing Breaks

==> picture [336 x 144] intentionally omitted <==

H.

Parking Design and Location.

General Location. Parking shall be located out of public view wherever feasible.

2.

Uncovered Parking.

a.

Location. Uncovered parking lots shall be located out of public view or screened as set forth below.

b.

Lighting. All parking lot lights shall be full cutoff luminaires, as certified by the manufacturer, with the light source directed downward and away from adjacent residences.

c.

Screening. Uncovered parking areas shall be screened from view from public streets and adjacent lots in the R-1, R-2, or R-BA Districts, according to the following standards:

i.

Screening from Residential Districts. Screening of parking lots along interior lot lines that abut an R-1, R-2, or R-BA District shall be eight (8) feet in height. If landscaping is used as a screening material along an interior lot line, it must also be a minimum of three (3) feet in width. Screening materials may consist of

fencing or planting. Plant materials shall consist of compact evergreen plants that form an opaque screen. Use of chain-link or vinyl fencing for screening purposes is prohibited.

ii.

Screening from Public Streets. Screening of parking lots from adjacent public streets shall be three (3) feet in height. Screening may consist of one or any combination of the methods listed below:

(a)

Walls. Walls consisting of brick, stone, stucco, or other quality durable material approved by the director, and including a decorative cap or top finish as well as edge detail at wall ends. Plain concrete blocks are not allowed as a screening wall material unless capped and finished with stucco or other material approved by the director.

(b)

Fences. An open fence of wrought iron or similar material combined with plant materials to form an opaque screen. Use of chain-link or vinyl fencing for screening purposes is prohibited.

(c)

Planting. Compact evergreen plants that form an opaque screen. Such plant materials must achieve a minimum height of two (2) feet within eighteen (18) months after initial installation.

(d)

Berms. Berms planted with grass, ground cover, or other low-growing plant materials.

(e)

Exception. Screening shall not be required for uncovered tandem parking located within a driveway in the R-3 District.

Covered Parking.

a.

Location: Parking Garages. Parking garages may be located in an area that is publicly visible, provided that the design standards below are met.

b.

Design. The following design features shall be incorporated into all covered parking structures.

i.

Garages and carports shall be designed to include a minimum of two (2) of the following from the main building(s): materials, detailing, roof materials, and colors.

ii.

Carport support posts shall be a minimum of eight (8) inches square and exposed steel columns and posts are prohibited. At least one material from the primary structure shall be included in the carport design.

iii.

Parking structures or garage entrances shall not occupy more than sixty percent (60%) of the building width of any front elevation facing a front lot line in the SCRO-1 District.

iv.

Parking structure exterior walls shall not present a solid unbroken wall surface. Walls greater than forty (40) feet in length shall include articulation, landscaping, or textured treatments over twenty-five percent (25%) of the total wall area at minimum.

v.

Ventilation openings shall be screened, for example with decorative grille work or landscaping.

4.

Bicycle Parking. Where bicycle parking is not visible from the street, directional signage shall be included at the main building entrance.

I.

Accessory Elements.

1.

Perimeter fencing utilized along public streets shall be constructed of decorative iron, pre-painted welded steel, or wood material. Chain link fencing, vinyl fencing, and expanded metal panels are prohibited.

2.

Roof top equipment shall be screened from visibility. The point of view for determining visibility shall be five (5) feet above grade at a distance of two hundred (200) feet. If the roof structure does not provide this screening, include an equipment screen in the design.

3.

All exterior trash, recycling, and storage utility boxes, wood service poles, electric and gas meters, fire sprinkler valves and backflow preventers and transformers shall be screened from visibility.

J.

Additional objective standards within Title 17. Projects subject to this chapter must comply with all other applicable objective standards within Title 17 including, but not limited to:

1.

Development regulations including lot area, density of development, lot dimensions, setbacks, lot coverage, height of structures, landscaping requirements, and additional screening requirements, recycling area requirements not covered in this chapter include:

a.

Development regulations as indicated for the R-2 District in 17.08.040,

b.

Development regulations as indicated for the R-3 District in 17.10.040,

c.

Development regulations as indicated for the SCRO-1 District in 17.16.040.

2.

Parking standards as indicated in Section 17.34.

3.

Signage standards as indicated in Section 17.36.

(Ord. No. 669, § 7, 5-19-22)

A.

The zoning administrator may approve a housing development permit subject to the following finding:

1.

The project conforms to the objective design standards established in Section 17.45.045 and throughout Title 17 and conforms to the development standards of the zoning district in which the project is located.

B.

Findings for Denial. The zoning administrator may deny a housing development permit, or approve upon the condition that the project be developed at a lower density, subject to the following findings and supported by substantial evidence in the record:

1.

The project does not comply with applicable objective general plan and zoning code objective standards in effect at the time the application has been determined to be deemed complete.

2.

The housing development project would have a specific, adverse impact upon the public health or safety.

3.

There is no feasible method to satisfactorily mitigate or avoid the adverse impact, other than through disapproval or approval upon the condition that the project be developed at a lower density.

4.

Affordable Housing. In addition to the findings above, the Zoning Administrator may deny a housing development permit for a proposed housing development project for very low, low-, or moderate-income households or condition approval in a manner that renders development of such a project infeasible, subject to at least one of the following findings, supported by substantial evidence in the record:

a.

The city has met or exceeded its share of the regional housing need allocation for the planning period for each of the income categories proposed for the housing development project as identified in the housing element.

b.

The development project as proposed would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the development unaffordable to low- and moderate-income households.

c.

The denial of the project or imposition of conditions is required in order to comply with specific state or federal law, and there is no feasible method to comply without rendering the development unaffordable to low- and moderate-income households.

d.

The development project is proposed on land which does not have adequate water or wastewater facilities to serve the project.

e.

The development project is inconsistent with both the zoning ordinance and general plan land use designation as of the date the application was deemed complete, and the project is not proposed for a site that is identified as suitable for very low, low-, or moderate-income households in the housing element and is inconsistent with the density specified in the housing element.

C.

As used in this section, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as of the date the application was deemed complete. Inconsistency with the zoning ordinance or general plan land use designation shall not constitute a specific, adverse impact upon the public health or safety.

D.

Any disapproval or conditional approval of a housing development permit for a proposed project for very low, low-, or moderate-income households shall not discriminate on the basis of any of the reasons prohibited by California Government Code Section 65008.

(Ord. No. 669, § 7, 5-19-22)

17.45.050 - Action by the zoning administrator.

A.

The zoning administrator may either grant or deny the application for housing development permit subject to the required findings under Section 17.45.040, as applicable to the project type, and may grant the permit subject to such conditions as the zoning administrator deems necessary or appropriate.

B.

The zoning administrator shall provide notice of the application and publish a staff report with a recommended decision to grant or deny a housing development permit fourteen (14) days prior to a decision on a housing development permit. The notice of the application shall be given to all owners of property within three hundred (300) feet of the exterior boundaries of the subject property.

C.

If no public comments objecting to staff's analysis of an application's consistency with objective standards are received within fourteen (14) days of the date of notice of application, the zoning administrator shall act on the application consistent with the recommendation contained in the staff report.

D.

If public comments objecting to staff's analysis of consistency with objective standards are received, the zoning administrator shall hold a public meeting to review the application and consistency analysis. Notice of the meeting shall be given to all owners of property within three hundred (300) feet of the exterior boundaries of the subject property. The notices shall be mailed not less than ten (10) or more than thirty (30) days before the date of the meeting.

E.

The housing development permit shall become effective upon the expiration of ten (10) days following the date on which the housing development permit was granted by the zoning administrator, unless an appeal has been filed pursuant to Chapter 17.52 of this title.

F.

Streamlined housing development projects are exempt from the notice of application requirement above, and only a notice of decision shall be given to property owners within three hundred (300) feet of the exterior boundaries of the subject property. Streamlined housing development projects shall be subject to the approval time limits described in California Government Code § 65913.4, or successor provisions.

(Ord. No. 669, § 7, 5-19-22)

17.45.060 - Expiration of a housing development permit—Extensions.

A.

A housing development permit granted pursuant to this chapter shall expire twenty-four (24) months from the date on which such permit became effective, unless prior to such expiration date a building permit for the structure which is the subject of the permit has been issued.

B.

A housing development permit may be extended by the zoning administrator for a period or periods of time not exceeding thirty-six (36) months. The application for extension shall be filed prior to the expiration date of the permit and shall be accompanied by payment of a processing fee in such amount as established from time to time by resolution of the city council. Public notice thereof shall be given in the same manner as prescribed in Section 17.45.060 of this chapter. Extension of a housing development permit is not a matter of right and the zoning administrator may deny the application or grant the same subject to conditions. Streamlined housing development projects shall be subject to the procedures and expiration described in California Government Code § 65913.4, or successor provisions.

(Ord. No. 669, § 7, 5-19-22)

17.45.070 - Amendment of a housing development permit—Minor modifications.

A.

Amendments or modifications to a housing development permit shall require approval by the zoning administrator. The application requirements, objective standards and findings required for amendments or modifications to a housing development permit shall be as prescribed in Sections 17.45.020, 17.45.030 and 17.45.040 of this chapter.

B.

Notwithstanding the above, streamlined housing development projects shall be subject to the modification standards described in California Government Code § 65913.4, or successor provisions.

(Ord. No. 669, § 7, 5-19-22)

Chapter 17.46 - VARIANCES

Applications for variances from the strict application of the terms of this title may be made and variances granted when the following circumstances are found to apply:

A.

That any variance granted shall be subject to such conditions as will assure that the adjustment thereby authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the vicinity and district in which the subject property is located;

B.

That because of special circumstances applicable to subject property, including size, shape, topography, location or surroundings, the strict application of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification.

(Ord. 298 § 13.1, 1984).

Application for variance shall be made in writing by a property owner, lessee, purchaser in escrow, or optionee with the consent of the owners, on a form prescribed by the zoning administrator. The application shall be accompanied by a fee, set by the city council, a plan of the details of the variance requested and evidence showing:

A.

That the granting of the variance will not be contrary to the intent of this title or to the public safety, health and welfare; and

B.

That due to special conditions or exceptional characteristics of the property or its location, the strict application of this chapter results in practical difficulties and unnecessary hardship. "Hardship," as used in this chapter does not mean personal or financial hardship but refers to the conditions in subsection B of Section 17.46.010.

(Ord. 298 § 13.3, 1984).

The planning commission shall conduct a public hearing on the application for a variance. Notice of such hearing shall be given as set forth in Chapter 17.54.

(Ord. 298 § 13.4, 1984).

(Ord. No. 612, § 21, 12-8-16)

A.

After the conclusion of the public hearing or continuations thereof, the planning commission or zoning administrator may grant or deny a variance from the strict application of the regulations established by this chapter. The commission or zoning administrator may impose any reasonable conditions deemed necessary to achieve the purpose of this title.

B.

A variance shall be effective the seventh day after planning commission or zoning administrator approval unless the action is appealed to the city council, or in the case of the zoning administrator, to the planning commission, in which case the variance shall not be effective until final action upon the appeal.

(Ord. 298 § 13.5, 1984).

The use of lands or buildings not in conformity with the regulations specified for the district in which such lands or buildings are located may not be allowed by the granting of a variance.

(Ord. 298 § 13.2, 1984).