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Brisbane City Zoning Code

CHAPTER 17

45 - HOUSING DEVELOPMENT PERMITS

17.45.010 - Applicability.

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)

17.45.020 - Application.

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)

17.45.030 - Objective standards.

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.

1.

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 step-back 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
Figure 17.45.030-1 SCRO-1 Stepbacks

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
Figure 17.45.030-2 Ground Floor Requirements

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
Figure 17.45.030-3 Articulation and Massing Breaks

H.

Parking Design and Location.

1.

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.

3.

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)

17.45.040 - Findings.

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)