Brisbane Municipal Code Ch. 15.10 Additions, Alterations, and Major Rebuilds to Existing Buildings

The building official or the building official's designee shall have the authority to enforce the provisions of this chapter.

(Ord. No. 653, § 5, 10-15-20)

This chapter is intended to establish requirements which are in addition to, and not in replacement of, any other ordinance, rule, regulation, or policy of the city which may be applicable to the proposed development project, including any of the codes adopted by this Title 15 and the requirements of Section 17.01.060 of this title.

(Ord. No. 653, § 5, 10-15-20)

This chapter shall apply to additions, alterations, or major rebuilds, as defined in Section 15.10.040 of this chapter, to a lawfully constructed building completed within any five (5) year period. The date of completion shall normally be established as the date on which the city grants final inspection approval of the work.

(Ord. No. 653, § 5, 10-15-20)

For the purposes of this chapter the following definitions apply:

A. "Addition and alteration" shall mean new floor area added to an existing lawfully constructed building and/or changes to the existing floor area of a lawfully constructed building, which calculated together or apart constitute fifty percent (50%) of the pre-existing floor area of the building. The conversion or recognition of non-habitable rooms to habitable space may be included in the calculation of alteration of space, at the discretion of the building official.

B. "Major rebuild" shall mean removal of seventy-five percent (75%) or more of the combined surface area of the interior walls and ceilings of the habitable rooms of a building or structure to expose support members.

C. "Floor Area" shall mean the sum of the gross horizontal areas of all floors of all buildings or structures measured from the interior face of the exterior walls, but excluding each of the following:

1. Any area where the floor to ceiling height is less than six (6) feet.

2. Any detached garage or other detached accessory structure which does not constitute habitable space.

3. Any attached carport or covered deck.

4. Any state-exempt attached or detached accessory dwelling unit where authorized pursuant to Chapter 17.43 of Title 17 of this code.

D. "Standards for new construction" shall mean:

1. The requirements of the California Buildings Code adopted by this title 15; and

2. The storm water management and discharge requirements established by Chapter 13.06 of Title 13; and

3. The standard specifications and street standards adopted by Section 12.24.010 of Title 12.

E. "Hardship" means some verifiable level of difficulty or adversity, beyond the control of the applicant, by which the applicant cannot reasonably comply with the requirements of this chapter.

(Ord. No. 653, § 5, 10-15-20; Ord. No. 700, § 1, 10-2-25)

For applicable projects, the entire building shall be brought into conformity with the standards for new construction that the building official determines to be necessary or appropriate to eliminate existing health or safety hazards, including, but is not limited to, defects in structural integrity, defective or inadequate electrical installations, defective or inadequate fire sprinklers, sanitary sewer or storm drainage facilities, and substandard street access to the property.

(Ord. No. 653, § 5, 10-15-20)

A. Standard Exceptions. The following standard exceptions to Section 15.10.050 shall apply:

1. The area of any additions and/or alterations not exceeding a cumulative total of four hundred (400) square feet within any five (5) year period.

2. The conversion of existing floor area in an existing single-family or multiple-family dwelling to an accessory dwelling unit where authorized pursuant to Chapter 17.43 of Title 17.

3. The area of any addition and/or alteration for the creation or expansion of a state-exempt attached or detached accessory dwelling where authorized pursuant to Chapter 17.43 of Title 17.

4. Work involving exterior surfaces, such as the replacement of roofing or siding, or the addition or replacement of windows or doors, or the addition of a porch or deck.

5. Alterations, renovations or repairs which do not essentially change the uses of the rooms within the building.

B. Other Exceptions. Where the above listed exceptions do not apply, the building official shall have authority on a case-by-case basis to grant modifications of any such requirements for the standards of new construction if the building official is able to find and determine that:

1. Compliance with the requirement will cause unreasonable hardship; or

2. The modification does not reduce any requirements for fire protection or any requirements relating to structural support and integrity; or

3. The modification does not create any new or increased hazard to the health or safety of the occupants of the existing building or structure.

(Ord. No. 653, § 5, 10-15-20; Ord. No. 700, § 2, 10-2-25)