Article IV — District Regulations — Millbrae Zoning Code

§ 10.05.0400. Compliance with regulations. ¶

Except as provided hereinafter, no structure shall be erected, reconstructed, enlarged, altered, or moved; nor shall any structure or land be used except as hereinafter specifically provided for and allowed in the districts in which such structure and land are located. Uses that are not listed as permitted or conditional uses in MMC § 10.05.0410 (the "land use table") shall be prohibited unless the community development director or designee determines that they are sufficiently similar in character to listed uses. Appeals of all such staff-level determinations shall be made in the manner provided in Article XXVII of this chapter. In addition, prior to the issuance of any new permit on a property, any existing uses or structures on that property for which a permit is required but was not approved, or for which regulations exist but have not been complied with, shall be removed or made compliant so that a permit, if required, can be approved; with the exception that legal nonconforming uses and structures are exempt from this provision but are subject to the provisions of Article XXIV of this chapter.

(Formerly 10.05.0120; 1966 Code § 7900; 1976 Code § 10-1.401; Amended by Ord. 726 § 2 (Att. A); Ord. 231)

§ 10.05.0410. Land use table. ¶

The following uses listed in the land use table detail the permitted, conditional, or accessory uses allowed within each zoning district in the city:

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Table 1 – Land Uses by Zoning District
Zoning Districts
R-1LL R-1 R-2 R-3 PF PD DTECRSP MSAPD
– – – – C – I – – OS – – – –
Land Use Specific Land Article Article Article Article Article Article Article Article Article Article Article
Categories Uses V. VI. VII. VIII. X. XII. XIII. XIV. XV. XVI. XVII.
Key:P = Permitted by right; C = Conditional use permit required; PP = Permitted by other permit;
* = Allowed as specified in the development plan individually approved for each project
State-Regulated P P P P *
Residential Care
Facilities
Emergency, P P *
Transitional,
and Supportive
Housing
Accessory Uses Short-Term PP PP PP PP PP
(Allowed Only in Residential
Conjunction with Rental
Principal Uses)
Accessory PP PP PP PP PP
Dwelling Unit
Junior PP PP PP PP
Accessory
Dwelling Unit
Civic Land Use Categories
Community Services Clubs and C C *
Lodges
Community C C P *
Centers
Places of C C C C C *
Worship
Educational Colleges and C C *
Universities
Classes *
Incidental to
Retail Uses
Schools (Pre-K C C C C C *
and K through
12)
Trade and C *
Vocational
Schools
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Table 1 – Land Uses by Zoning District
Zoning Districts
R-1LL R-1 R-2 R-3 PF PD DTECRSP MSAPD
– – – – C – I – – OS – – – –
Land Use Specific Land Article Article Article Article Article Article Article Article Article Article Article
Categories Uses V. VI. VII. VIII. X. XII. XIII. XIV. XV. XVI. XVII.
Key:P = Permitted by right; C = Conditional use permit required; PP = Permitted by other permit;
* = Allowed as specified in the development plan individually approved for each project
Tutoring and C *
Instruction over
2,500 Square
Feet
Tutoring and P *
Instruction up to
2,500 Square
Feet
Parks and Open Country Clubs C C *
Space
Golf Courses C C *
Open Space P
Parks C C C C C P *
Utilities Utility Services C C C C C C *
Wireless C C C C C C C *
Communication
Facilities
Commercial, Office and Retail Land Use Categories
Eating and Drinking Bars C *
Drive-In C *
Restaurants
General P *
Restaurants
Take-Out Only P *
Restaurants
Entertainment Indoor C *
Commercial
Recreation
Outdoor C C *
Commercial
Recreation
Offices General Offices P P *
Medical Offices C P *
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Table 1 – Land Uses by Zoning District
Zoning Districts
R-1LL R-1 R-2 R-3 PF PD DTECRSP MSAPD
– – – – C – I – – OS – – – –
Land Use Specific Land Article Article Article Article Article Article Article Article Article Article Article
Categories Uses V. VI. VII. VIII. X. XII. XIII. XIV. XV. XVI. XVII.
Key:P = Permitted by right; C = Conditional use permit required; PP = Permitted by other permit;
* = Allowed as specified in the development plan individually approved for each project
Professional C P *
Offices
Parking Parking Lots C P *
and Structures
Personal Services Banks P *
Dry Cleaners P P *
Hospitals C C *
Laundromats P *
Medical Clinics C C *
Mortuaries C C *
Personal Care- P C *
Related Uses
Repair Shops – P P *
Not Automobile
Related
Pet-Related Services Animal C C *
Hospitals
Animal Kennels C *
Pet Daycare C C *
Pet Grooming P C *
Retail Sales Convenience P *
Stores
Retail Uses P *
5,000 Square
Feet or Less
Retail Uses P *
5,001 – 10,000
Square Feet
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Table 1 – Land Uses by Zoning District
Zoning Districts
R-1LL R-1 R-2 R-3 PF PD DTECRSP MSAPD
– – – – C – I – – OS – – – –
Land Use Specific Land Article Article Article Article Article Article Article Article Article Article Article
Categories Uses V. VI. VII. VIII. X. XII. XIII. XIV. XV. XVI. XVII.
Key:P = Permitted by right; C = Conditional use permit required; PP = Permitted by other permit;
* = Allowed as specified in the development plan individually approved for each project
Retail Uses C *
Greater Than
10,000 Square
Feet
Supermarkets C *
Vehicle Related Automotive C C *
Repair and Paint
Automobile C C *
Sales and
Service
Carwash C C *
Fuel and Service C C *
Stations
Visitor Accommoda- Bed and C C C C *
tions Breakfasts
Commercial C C *
Lodging
Industrial Land Use Categories
Manufacturing Heavy C *
Manufacturing
Light P *
Manufacturing
Warehouse, Storage Bulk Materials, C *
and Bulk Materials Heavy
Equipment Sales
and Service
Fleet Vehicle- C *
Related Uses
General P *
Warehousing
Mini Storage P *
Outdoor Storage C *
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Table 1 – Land Uses by Zoning District
Zoning Districts
R-1LL R-1 R-2 R-3 PF PD DTECRSP MSAPD
– – – – C – I – – OS – – – –
Land Use Specific Land Article Article Article Article Article Article Article Article Article Article Article
Categories Uses V. VI. VII. VIII. X. XII. XIII. XIV. XV. XVI. XVII.
Key:P = Permitted by right; C = Conditional use permit required; PP = Permitted by other permit;
* = Allowed as specified in the development plan individually approved for each project
Other Land Use Categories
Adult-Oriented Sexually C *
Oriented
Businesses
Gun Shops C *
Liquor Stores C *
Pawn Shops C *
Smoke Shops C *
Accessory Uses Drive-Through C C *
(allowed only in Facilities
conjunction with
Home PP PP PP PP PP *
principal uses)
Occupations
Outdoor Dining PP *
Outdoor Display C C *
of Merchandise
Other Any change in P P *
use where
available on-site
parking would
be at least 50
percent of
required
parking. (See
Articles X, XI,
and XII for
additional
requirements.)
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City of Millbrae, CA

MILLBRAE CODE

§ 10.05.0410

§ 10.05.0420

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(Ord. 800 § 3; Ord. 782 § 3; Ord. 771 § 4(B) (Exh. A); Ord. 750 § 2; Amended by Ord. 748 § 4; Ord. 726 § 2 (Att. A))

§ 10.05.0420. Reasonable accommodation. ¶

A. Purpose. To allow the city manager (or designee) to grant limited exceptions to development standards for minor improvements to existing residences to accommodate access needs for disabled persons.
B. Procedure. Exceptions to existing development standards may be granted by the city manager (or designee), upon making all of the findings outlined below:
1. The applicant shall submit an application, together with a site plan, elevations and additional supporting information as required by the city manager to provide sufficient understanding of the request and compliance with development standards.
2. No public notice or hearing is required.
3. Exceptions shall be granted subject to the following restrictions:
  - a. The improvements may be made to any existing main residence or accessory living quarters.
  - b. Exceptions are not permitted for a proposed new residence.
  - c. Improvements shall be restricted to those necessary for enhanced access for disabled persons, including but not limited to interior access ramps, widening of hallways, or expansion of bathrooms or closets.

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§ 10.05.0430

  - d. Exceptions to development regulations shall be limited by all of the following, over the life of each structure: 

     - i. Paved area coverage not greater than two hundred fifty square feet in excess of allowable limits for the site; 

     - ii. Accessory structures are exempt from the development standards specified in MMC § 10.05.2000; 

     - iii. Encroachment into setbacks not greater than forty percent of the minimum required ground floor side setbacks and not greater than eighty percent of the minimum required upper floor side setbacks; 

     - iv. Increase in house size for a main residence not greater than ten percent in excess of the maximum FAR for the site.

C. Findings. The city manager (or designee) shall make all of the following findings in order to grant an exception for minor improvements for disabled access:
1. The proposed improvements are necessary to provide for housing access for disabled persons.
2. The proposed exception(s) will cause no significant negative environmental impacts to the applicant's property, adjacent properties, or to the surrounding neighborhood and community.
3. The proposed exception(s) will cause no significant negative impacts on the privacy of the applicant or adjacent neighbors.
(Ord. 748 § 3)

§ 10.05.0430. Density bonus. ¶

A. Purpose. The purpose of this chapter is to specify how compliance with Government Code Section 65915 ("state density bonus law") will be implemented in an effort to encourage the production of very low, low, and moderate income housing units in developments proposed within the City. This chapter also specifies how compliance with the City's density bonus policy ("City density bonus policy") will be implemented in an effort to encourage the development of housing and consolidation of lots for redevelopment within the Millbrae Station Area Specific Plan Area ("Millbrae Station Area") and Downtown and El Camino Real Specific Plan Area ("Downtown & El Camino Real Specific Plan Area"). The City density bonus policy provides additional density bonus separate from that mandated by the state density bonus law to provide additional incentives for redevelopment, lot consolidation, and the construction of affordable housing.
B. Applicability.
1. State density bonus law shall apply to all zoning districts, including mixed-use zoning districts, where residential developments of five or more dwelling units are proposed and where the applicant seeks and agrees to provide low, very low, senior or moderate income housing units in the threshold amounts specified in state density bonus law such that the resulting density is beyond that which is permitted by the applicable zoning. For mixed-use projects, density bonus provisions shall be applied consistent with state density bonus law.

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City of Millbrae, CA § 10.05.0430

MILLBRAE CODE

§ 10.05.0430

The City density bonus policy shall apply only to property within the boundaries of the Millbrae Station Area and Downtown & El Camino Real Specific Plan Area where residential developments of five or more dwelling units are proposed and where the applicant seeks and agrees to provide on-site affordable housing units in the threshold amounts specified by the City density bonus policy. City density bonus policy shall apply only to projects that qualify for a density bonus through state law. For mixed-use projects, density bonus provisions shall be applied consistent with state density bonus law.
Nothing in this chapter requires the provision of direct financial incentives for the residential development, including but not limited to the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements. The city at its sole discretion may choose to provide such direct financial incentives.
Financial and certain other incentives may require payment of prevailing wages by the residential development if required by state law.
Unless otherwise specified in this chapter, the definitions found in state density bonus law shall apply to the terms contained herein.

C. Procedure.
1. Application Requirements.

a. Any applicant requesting a density bonus, incentive(s), and/or waiver(s) pursuant to this chapter shall submit to the City an application on a form approved by the Community Development Director. The application shall be submitted prior to or concurrently with filing the planning application for the housing development and shall be processed in conjunction with the underlying application. The application will not be deemed complete until the applicant has submitted the deposit fee.

- b. The application for a density bonus, incentive(s) and/or waiver(s) shall include the following information: 

   - i. The application shall demonstrate that the project meets the thresholds for the state density bonus law and the City density bonus policy, if applicable. The application shall include calculations showing the acreage of the project site, the maximum base density for the project site, the number of affordable units and identification of the income level at which such units will be restricted, the percentage of "total units" that will be included at each income level, additional market rate units resulting from the density bonus allowable under state density bonus law and the City density bonus policy, if applicable, the total number of units being proposed for the project, and the resulting unit per acre density. The number of affordable units that qualify a project for a density bonus will be based on the definition of "total units" under state density bonus law. 

   - ii. Requested Incentive(s). The request for particular incentive(s) shall include reasonable documentation establishing eligibility for and demonstrating that the requested incentive(s) results in identifiable and actual cost reductions. The documentation shall be sufficiently detailed to

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allow the city to verify its conclusions.

iii. Requested Waiver(s). The written application shall include an explanation of the waiver(s) of development standards requested by identifying the applicable development standard, the section or provision of the City document that includes the development standard, and a brief explanation of why the application of the development standard would physically preclude the construction of a development at the densities or with the concessions or incentives permitted by state law.
iv. Fee. Payment of the fee in an amount set by resolution of the city council to reimburse the city for staff time spent reviewing and processing the density bonus application submitted pursuant to this chapter.

Density Bonus.
a. A density bonus for a housing development means a density increase over the maximum allowable residential density on the date the application is deemed complete.
b. State Density Bonus. The amount of the allowable density bonus through state density bonus law shall be calculated as provided in state density bonus law.
c. City Density Bonus. City density bonuses shall be cumulative and applied in addition to any bonuses granted under state density bonus law. Projects must qualify for a density bonus through state law to be eligible to receive a city density bonus; however, qualifying projects need not meet any specific affordability percentage beyond the minimum eligibility thresholds in state law. The units allocated as affordable for purposes of obtaining the city density bonus shall be subject to the state law requirements in subdivision (c) of Government Code Section 65915, as that section may be amended from time to time. The amount of allowable density bonus through city density bonus policy shall be calculated as follows for developments including five or more residential dwelling units. The amount of the city density bonus shall be calculated separately from the state density bonus to achieve the maximum rounding benefit and therefore the maximum number of dwelling units:
- i. Rental Projects. A development that: (1) qualifies for a density bonus through state law; and (2) allocates 5% of the maximum allowable residential density as low income on-site may be granted a City density bonus equal to 15% of the maximum allowable residential density. In addition, a development that: (1) qualifies for a density bonus through state law; and (2) allocates a minimum of 5% of the maximum allowable residential density as moderate income on-site may be granted an additional City density bonus equal to 50% of the density bonus allowed by state law through the allocation of moderate income units (e.g., [Density Bonus Allowed By State Law Through Moderate Income Unit Allocation] x [50%]). For these purposes, the density bonus allowed by state law through the allocation of moderate income units shall be calculated in accordance with the sliding scale included in Government Code Section65915(v)(2).

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  - ii. Ownership Projects. A development that: (1) qualifies for a density bonus through state law; and (2) allocates a minimum of 15% of the maximum allowable residential density as moderate income units on-site may be granted an additional City density bonus equal to 100% of the density bonus allowed by state law through the allocation of moderate income units (e.g., [Density Bonus Allowed By State Law Through Moderate Income Unit Allocation] x [100%]). For these purposes, the density bonus allowed by state law through the allocation of moderate income units shall be calculated in accordance with the sliding scale included in Government Code Section 65915(f)(4), or in accordance with the sliding scale included in Government Code Section 65915(v)(2), if the project qualifies for the additional density allowed by subdivision (v) of Government Code Section 65915.

ses, the density bonus allowed by state law through the allocation of moderate income units shall be calculated in accordance with the sliding scale included in Government Code Section 65915(f)(4), or in accordance with the sliding scale included in Government Code Section 65915(v)(2), if the project qualifies for the additional density allowed by subdivision (v) of Government Code Section 65915.

d. Projects that qualify for any density bonus pursuant to this chapter must comply with the requirements of the airport land use compatibility plan, including airport real estate disclosure notices, airport noise evaluation and mitigation, avigation easement, safety compatibility evaluation, and airspace protection evaluation, as detailed in Article XVI of this chapter ("Airport Land Use Compatibility Plan Consistency").

Incentives or Concessions.
- a. The number of incentives or concessions granted shall be based upon the number the applicant is entitled to pursuant to state density bonus law and City density bonus policy.
- b. An incentive or concession includes a reduction in site development standards or a modification of zoning code requirements or architectural requirements that result in identifiable and actual cost reductions. An incentive or concession may be the approval of mixed-use zoning (e.g., commercial) in conjunction with a housing project if the mixed use will reduce the cost of the housing development and is compatible with the housing project. An incentive or concession may, but need not be, the provision of a direct financial incentive, such as the waiver of fees.
- c. The City shall approve any requested incentive or concession unless it makes a written finding, based upon substantial evidence, in accordance with Government Code Section 65915(d). Denial of an incentive or concession is a separate and distinct act from a decision to deny or approve the entirety of the project.
Discretionary Approval. The granting of a density bonus or incentive(s) shall not be interpreted in and of itself to require a general plan amendment, zoning change or other discretionary approval. If an incentive would otherwise trigger one of these approvals, when it is granted as an incentive, no general plan amendment, zoning change or other discretionary approval is required. However, if the base project without the incentive requires a general plan amendment, zoning change or other discretionary approval, the city retains discretion to make or not make the required findings for approval of the base project.
Waivers. A waiver is a modification to a development standard such that construction

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at the increased density would be physically possible. Development standards include, but are not limited to, floor area ratio, a height limitation, a setback requirement, an on-site open space requirement, or a parking ratio that applies to a residential development. An applicant may request a waiver of any development standard to make the project physically possible to construct at the increased density and with the concessions and incentives permitted under state density bonus law. The City shall grant the requested waiver or reduction unless it makes a written finding, based upon substantial evidence, in accordance with Government Code Section 65915(e). There is no limit on the number of waivers.

Affordable Housing Agreement. The applicant shall enter into an affordable housing agreement with the city, to be executed by the City Manager (or designee), guaranteeing the affordability of the rental or ownership units as required by state law and identifying the type, size and location of each affordable unit and a marketing plan for finding qualified tenants and owners. Prior to the issuance of a building permit, such affordable housing agreement shall be recorded in the San Mateo County recorder's office.
Affordable Unit Standards. Affordable units shall be provided in a timely manner consistent with state law and any applicable funding program requirements, and may be phased differently than market rate units if warranted to meet funding requirements. Affordable units shall be integrated within the project, except where separation is necessary to comply with state or federal requirements. Affordable units shall be of equal quality as the market rate units. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the building official.
Parking Standards. Parking standards shall be modified as allowable under state density bonus law. A developer requesting additional modifications to parking standards may seek such modifications as either an incentive/concession or a waiver of development standards pursuant to state density bonus law, as applicable.

D. Findings.
1. Findings for Approval of Density Bonus, Concessions, and Incentives. Before approving an application that includes a request for a density bonus, incentive, concession, or waiver, the decision-making body shall make the following findings, as applicable:
  - a. The residential development is eligible for a density bonus and any concessions, incentives, waivers, or parking reductions requested.
  - b. Any requested incentive or concession will result in identifiable and actual cost reductions based upon appropriate financial analysis and reasonable documentation if required.
  - c. If the density bonus is based all or in part on donation of land, the findings included in Government Code Section 65915(g).
  - d. If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare facility, the findings included in Government Code

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Section 65915(h).

e. If the incentive or concession includes mixed-use development, the findings included in Government Code Section 65915(k)(2).
f. If a waiver is requested, the development standards for which a waiver is requested would have the effect of physically precluding the construction of the residential development with the density bonus, concessions, or incentives permitted by state law.

Findings for Denial of Incentives, Concessions or Waivers.
- a. If the findings required by subsection D.1 of this section can be made, the decision-making body may deny a concession or incentive only if it makes a written finding, supported by substantial evidence, of one of the following:
  - i. The concession or incentive does not result in identifiable and actual cost reductions to provide for affordable housing costs or for rents for the targeted units to be set as specified, consistent with state law.
  - ii. The concession or incentive would have a specific, adverse impact upon public health and safety or on any real property that is listed in the California Register of Historical Resources and for which 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. For the purpose of this subsection, "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 they existed on the date that the application for the residential development was deemed complete.
  - iii. The concession or incentive would be contrary to state or federal law.
- b. If the findings required by subsection D.1 of this section can be made, the decision-making body may deny a waiver only if it makes a written finding, supported by substantial evidence, of either of the following:
  - i. The waiver would have a specific, adverse impact upon health or safety, and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact. For the purpose of this subsection, "specific adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, and identified, written public health or safety standards, policies, or conditions as they existed on the date that the application was deemed complete.
  - ii. The waiver would have an adverse impact on any real property that is listed in the California Register of Historical Resources.
  - iii. The waiver would be contrary to state or federal law.
- c. If the findings required by subsection D.1 of this section can be made, the decision-making body may deny a density bonus, incentive, or concession that is based on the provision of childcare facilities only if it makes a written finding,

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based on substantial evidence, that the city already has adequate childcare facilities.

(Ord. 752 § 2; Ord. 822, 12/9/2025)

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City of Millbrae, CA § 10.05.0500

PLANNING AND ZONING

§ 10.05.0520