Brisbane Municipal Code Ch. 12.05 Encroachment Permits for Parking Facilities

A. The city council finds and determines that:

1. There is a critical shortage of parking spaces in the residential neighborhoods of central Brisbane, particularly in the upper hillside areas.

2. The parking problem is aggravated by the existence of homes built on steep hillside lots having inadequate on-site parking spaces. A wide unimproved public right-of-way along the uphill or downhill slope often separates such lots from the street surface, thereby making it impractical to construct on-site parking facilities taking access from the public street.

3. It may be possible to determine, on the basis of the existing street design and the extent of environmental, topographic and economic constraints, that certain areas of the unimproved right-of-way adjacent to various public streets in the hillside areas of the city will not be utilized in the foreseeable future for street expansion or installation of public utilities.

4. The existing shortage of parking spaces in the hillside areas of the city can be alleviated by allowing limited use of the unimproved public right-of-way for private parking facilities, subject to appropriate regulation and control.

B. The purpose of this chapter is to promote traffic safety and mitigate parking congestion by allowing owners of certain properties to construct parking facilities within the unimproved public right-of-way adjacent to their lots where the city engineer has determined that such area will not be utilized for public purposes.

C. Any terms and phrases used in this chapter which are specifically defined in Title 17 of the Brisbane Municipal Code shall have the same meanings for purposes of this chapter.

(Ord. 436 § 1, 1999: Ord. 414 § 1(part), 1997).

A. The city engineer shall have authority to issue encroachment permits for qualified properties (as described in subsection B of this section) to allow the construction of parking facilities within certain areas of the unimproved public right-of-way adjacent to such properties, provided the city engineer has determined that such areas will not be required for future public improvements or are not suitable for locating public improvements therein by reason of topographic, environmental or economic constraints.

B. All of the following qualifications must be satisfied before an encroachment permit may be issued pursuant to this chapter:

1. The applicant must be the owner of a legal lot of record having an uphill or downhill average slope from the adjacent public right-of-way of not less than twenty percent (20%).

2. The applicant's lot contains an existing single family dwelling for which there are less than the minimum number of on-site parking spaces required by the city's zoning regulations.

3. The area of the unimproved right-of-way which the applicant proposes to utilize for construction of the parking facilities shall be located on the uphill or downhill slope between the paved surface of the public street adjacent to the applicant's property and the front property line of the applicant's lot.

4. The right-of-way available for the public street is not less than twenty-eight (28) feet, as determined by the city engineer, and no portion of the requested encroachment for parking facilities would extend into such right-of-way.

5. The size of the proposed parking structure within the public right-of-way shall not exceed twenty-four (24) feet in length by twenty-four (24) feet in width.

6. Where the proposed parking structure will be constructed within an uphill slope, the structure shall be single story in design. Where the proposed parking structure will be constructed within a downhill slope, the height of the structure shall not exceed fifteen (15) feet above the elevation of the street centerline, nor shall any portion of the structure exceed thirty-five (35) feet in height, as measured in accordance with the applicable zoning regulations.

7. The proposed parking structure may be either attached to or detached from the single family dwelling on the applicant's lot, but if attached, the parking structure shall be designed in a manner that will allow removal without causing loss of structural support or otherwise jeopardizing the structural integrity of the single family dwelling.

8. The location and dimensions of the curb cut for the parking facility shall comply with the requirements set forth in Section 12.24.015 of this title.

9. The coverage of any structure to be constructed within the public right-of-way, when added to the coverage of all existing structures on the applicant's lot, shall not exceed the maximum amount of coverage for such lot as permitted under the applicable zoning regulations.

10. The proposed parking structure shall otherwise comply with the standards or requirements of the city engineer, including, but not limited to, a minimum setback of the structure from the paved surface of the street, installation of landscaping, and such other measures as the city engineer determines are necessary or appropriate to eliminate a potential safety hazard or to any adverse visual or other impacts of the structure.

(Ord. 495 § 1, 2005; Ord. 436 § 2, 1999: Ord. 414 § 1(part), 1997).

A. Applications for an encroachment permit pursuant to this chapter shall be filed with the city engineer on such forms as he shall prescribe. 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.

B. The application shall include plans and specifications showing:

1. The location of the public right-of-way adjacent to the applicant's property and the location of all existing improvements constructed therein, including the improved street surface, any curbs and sidewalks, and any utility lines that are not installed within the paved street;

2. The design and location of the proposed improvements to be constructed within the public right-of-way and any related improvements upon the applicant's property; and

3. Such other information as the city engineer may request in order to determine whether issues of storm drainage, slope stability, traffic safety, and compliance with building standards and zoning regulations have been satisfactorily addressed.

(Ord. 414 § 1(part), 1997).

A. The city engineer shall issue the encroachment permit if he finds that:

1. The proposed encroachment will not constitute a safety hazard for vehicular or pedestrian traffic;

2. The proposed parking structure will satisfy all of the requirements of this chapter; and

3. The proposed parking structure will be constructed in accordance with all applicable building and zoning regulations.

B. The parking facilities authorized by the permit may be covered or uncovered and may be constructed either parallel or perpendicular to the public right-of-way; subject, however, to approval in all respects by the city engineer.

C. Each encroachment permit issued pursuant to this chapter shall contain the following conditions:

1. The structure authorized by the permit shall be utilized only for the parking of motor vehicles. Incidental items of personal property can be stored within the structure, provided that such items do not occupy space that would accommodate the parking of a motor vehicle.

2. Utility service provided to the structure shall be limited exclusively to electricity and an exterior bib for a garden hose, and no gas or sanitary sewer lines shall be connected to the structure.

3. The parking spaces constructed within the public right-of-way shall not be rented or regularly used by the persons other than the residents of the property owned by the applicant.

4. The applicant shall indemnify, defend and hold the city harmless from and against any and all claims, demands, costs, expenses, and liabilities arising from or in any manner related to the issuance of the encroachment permit and the construction of improvements by the applicant within the public right-of-way.

5. The applicant shall at all times maintain in full force and effect a policy of general liability insurance providing coverage to the city of not less than five hundred thousand dollars ($500,000.00) against the liabilities referred to in subsection (C)(4) of this section. Such policy shall expressly provide that coverage thereunder shall be primary with respect to any other liability insurance maintained by the city and shall not be reduced or canceled without at least twenty (20) days prior written notice to the city. The obligation of the applicant to indemnify and defend the city shall not be limited to the amount of such insurance coverage.

D. A copy of the encroachment permit containing all of the conditions set forth in subsection C of this section, duly signed and accepted by the applicant, shall be recorded in the office of the recorder for San Mateo County, and shall constitute a covenant running with the land which shall be binding upon the successors and assigns of the applicant, including all future owners of the property or any interest therein.

E. The granting of an encroachment permit pursuant to this chapter shall not constitute the transfer or relinquishment of any ownership interest held by the city in the public right-of-way, nor shall such permit confer any vested or proprietary rights upon the holder of the permit beyond the right to utilize the encroachment area in the manner authorized by the permit and subject to all of the conditions set forth herein.

(Ord. 436 § 3, 1999: Ord. 414 § 1(part), 1997).

A. An encroachment permit issued pursuant to this chapter may be revoked by the city engineer upon any violation of the conditions of the permit or if it becomes necessary for the city to utilize any portion or all of the encroachment area to prevent, correct or abate a safety or health hazard or any existing or threatened hazard to the condition or maintenance of the public street or any utilities installed therein.

B. In the absence of emergency, the city shall provide at least ninety (90) days written notice of revocation during which time the holder of the permit shall at holder's own expense, remove such portion or all of the private improvements constructed within the public right-of-way as may be directed by the city engineer.

(Ord. 414 § 1(part), 1997).

A. Subject to the limitation set forth in subsection B of this section, any decision or determination made by the city engineer with respect to the granting or denial of an encroachment permit pursuant to this chapter may be appealed by the applicant to the city manager. Notice of such appeal must be filed with the city clerk not more than ten (10) days after the date on which the final decision or determination by the city engineer is rendered. The applicant shall have a further right to appeal the decision of the city manager to the city council by filing a notice of appeal with the city clerk not more than ten (10) days after the date on which the final decision is rendered by the city manager.

B. The subject of an appeal, whether to the city manager or to the city council, shall be limited to the question of whether the qualifications and standards prescribed by this chapter have been properly applied or interpreted with regard to the particular application, and neither the city manager nor the city council shall have the authority to modify any qualification or standard or grant any variance therefrom for the benefit of the applicant.

C. The appellate authority may uphold, reverse or modify the decision which is the subject of the appeal, and may refer the matter back to the city manager or the city engineer for such further actions as may be directed by the appellate authority.

(Ord. 414 § 1(part), 1997).