The purpose of this chapter is to allow no more than two (2) detached or attached primary dwelling units on one lot of record, establish objective standards for the district, and regulate certain subdivisions of a lot of record in single-family zoning districts, in accordance with state law. This chapter shall be implemented and interpreted in conjunction with California Government Code Sections 65852.21 and 66411.7, as may be amended, and applicable objective standards and procedures set forth in Chapters 17.06, 17.12, 17.43, 16.12, 16.16, and 16.20 of the Brisbane Municipal Code.

(Ord. No. 693, § 7, 12-5-24)

This chapter is provided as an overlay district to the R-1 and portions of the R-BA residential districts as noted below, to comply with state law, and to carry out the purpose of Section 17.05.010, and, unless specifically addressed within this chapter, the R-1 and R-BA district standards shall apply. The provisions of this chapter do not apply to those areas of the R-BA district that have been obtained by the city, or other public agency or trust, for the purposes of protecting endangered species habitat or providing open space for the continuation of such species. Such areas are excluded from the mapped overlay R-TUO district. For the purposes of this chapter, references to the R-BA district shall include only the area included in the mapped R-TUO district.

This chapter also allows for ministerial approval of urban lot splits in conjunction with Chapter 16.16 and 16.20 of this code.

This chapter shall not supersede the provisions of Section 17.01.060, Requirement for lot of record and infrastructure improvements, but applications shall be considered in concert with the provisions of that section.

This chapter may be applied to a substandard lot, as further described in Section 17.32.055, Exceptions—lot area, lot dimensions and lot lines, if the substandard lot is a lot of record, as defined in Section 17.02.490.

(Ord. No. 693, § 7, 12-5-24)

For the purposes of this chapter, the following definitions apply. Terms not defined herein shall be based upon the definitions in Chapter 17.02.

A.

"Access corridor" means an access easement or the "pole" of a flag lot that provides vehicular access to the public right-of-way, that is free of features that obstruct ingress/egress to a lot.

B.

"Acting in concert" means the property owner, or a person as an agent or representative of the property owner, knowingly participating with another person in joint activity or parallel action toward a common goal of subdividing an adjacent parcel.

C.

"Car share facility" means one or more parking space(s) that have been designated permanently for car share vehicles, where the vehicles are leased for short periods of time, often by the hour.

D.

"Department" means the community development department.

E.

"Existing exterior structural wall" means and constitutes the original bottom plate and original top plate in its existing position, original studs (with the exception for new window framing), and capable of standing without support

F.

"Flag or panhandle lot" means a parcel which includes a strip of land that is owned in fee that is used primarily for vehicular access from a public or private street to the major portion of the parcel.

G.

"High quality transit corridor" means a corridor with fixed bus route service with service intervals no longer than fifteen (15) minutes during peak commute hours, or as defined in state law.

H.

"Major transit stop" means a site containing any of the following: (i) an existing rail or bus rapid transit station; (ii) a ferry terminal served by either a bus or rail transit service; or (iii) the intersection of two (2) or more major bus routes with a frequency of service intervals of fifteen (15) minutes or less during the morning and afternoon peak commute periods, or as defined in state law.

I.

"Primary dwelling unit" or "primary unit" means the same as defined in Section 17.02.235(G).

J.

"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 an application was deemed complete.

K.

"Two-unit development" means a proposed housing development that contains two (2) primary dwelling units on a single lot.

L.

"Urban lot split" means a subdivision of an existing lot of record in a single-family zoning district into no more than two (2) separate legal lots, which subdivision satisfies all of the criteria and standards set forth in this chapter and Government Code Section 66411.7.

(Ord. No. 693, § 7, 12-5-24)

A.

To be eligible for a two-unit development or urban lot split as specified in this chapter, the application shall meet all of the following criteria:

1.

The lot is a lot of record and is located within the R-1 Residential zoning district or the R-BA Brisbane Acres Residential zoning district.

2.

The owner(s) of the lot has not exercised the owner's rights under Government Code Chapter 12.75 (commencing with Section 7060) of Division 7 of Title 1 to withdraw accommodations from rent or lease within fifteen (15) years before the date that the application has been submitted.

3.

The lot is not within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code, or within a site that is designated or listed as a city or county landmark or historic property or district pursuant to a city or county ordinance.

4.

The lot does not contain any of the site conditions listed in Government Code Section 65913.4, subdivision (a)(6)(B-K), or successor provisions or as amended, which includes, but is not limited to, lands within wetlands, a very high fire hazard severity zone, a special flood hazard area subject to inundation by the one-percent annual chance flood (100-year flood), habitat for protected species, and lands under a conservation easement.

5.

The lot has not previously been subdivided under this chapter, or under Government Code Section 66411.7.

6.

For urban lot splits, prior to a lot split being recorded, the property owner(s) shall sign an affidavit stating that the owner, or a member or members of the owner's immediate family, intends to occupy one of the dwelling units as the person's principal residence for a minimum of three (3) years. This requirement shall not apply to an applicant that is a "community land trust," as defined in clause (ii) of subparagraph (C) of paragraph (11) of subdivision (a) of Section 402.1 of the Revenue and Taxation Code, or is a "qualified nonprofit corporation" as described in Section 214.15 of the Revenue and Taxation Code.

(Ord. No. 693, § 7, 12-5-24)

A.

Development under this chapter shall not result in displacement of tenants from:

1.

A lot that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.

2.

A lot that is subject to any form of rent or price control through the city's valid exercise of its police power.

B.

Development under this chapter shall not result in:

1.

Demolition or alteration as defined in Section 15.10.040(A) or (B) of a dwelling unit that has been occupied by a tenant in the last three (3) years.

2.

Demolition of a building, or alteration as defined in Section 15.10.040(A) or (B), when the building is occupied by a tenant.

(Ord. No. 693, § 7, 12-5-24)

The following uses, defined in Chapter 17.02, Definitions, are permitted in this overlay zoning district in accordance with the development standards and are added to the permitted uses provided in Chapters 17.06, R-1 Residential District, and 17.12, R-BA Brisbane Acres Residential District, of this title:

A.

Duplex dwellings.

B.

Dwelling groups of two (2) primary dwelling units per lot.

(Ord. No. 693, § 7, 12-5-24)

A two-unit development on a lot of record that has not been split under the urban lot split provisions of this chapter shall comply with the development standards provided in this section.

A.

Development Standards. Where not expressly stated, the R-1 and R-BA zoning district development standards, set forth in Chapters 17.06 and 17.12, and ADU and JADU development standards set forth in Chapter 17.43, shall apply. For urban lot split development standards see Section 17.05.080(C).

1.

Number of Dwelling Units. Development of up to four (4) dwelling units may be built in the same lot area typically used for a single-family residence, without an urban lot split, as follows:

Notes:

1. NA: Not applicable. Development of a single-family dwelling on a lot of record may be permitted per the zoning district standards, provided in Chapter 17.06 and 17.12, without invoking the two-unit overlay provisions.

2. See Chapter 17.43 for applicable development regulations for ADUs or JADUs.

3. Four (4) units are the maximum that may be permitted on a lot.

4. If Types A through D are initially developed, one or two (2) ADUs may later be added up to the maximum allowed, Types E or F, subject to the provisions of this chapter.

2.

Primary Dwelling Unit Size. Each of the primary dwelling units shall be permitted to be at least eight hundred (800) square feet in floor area, regardless of the zoning district's lot coverage and floor area ratio (FAR) limits. For primary dwelling units over eight hundred (800) square feet, the zoning district floor area standards shall apply; provided, however, this shall not preclude the option to construct smaller primary dwelling units in compliance with the state building code. The minimum floor area for each unit shall be as permitted by the state building code.

3.

Lot Coverage. The R-1 or R-BA district lot coverage limit shall apply except where it would preclude development of new primary units of eight hundred (800) square feet, or retention of the lot coverage of an existing primary unit or addition of accessory dwelling unit, in compliance with the provisions of this chapter and Chapter 17.43 of this title.

4.

Side and Rear Setbacks. Minimum side and rear setbacks for the primary dwelling units shall be four (4) feet, except for the following:

(a)

Where the underlying district development standards allow for a lesser setback, the district standards shall apply.

(b)

No setback shall be required for an existing legal non-conforming structure, or a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure.

5.

Height of Primary Dwelling Units.

(a)

Where a primary dwelling unit utilizes the four-foot side or rear setback allowance, for a reduced setback versus the district's setback, no portion of the building that is located in the area between the four-foot setback and the district's setback minimum shall exceed twenty-five (25) feet in height.

(b)

The maximum height of any primary dwelling unit on a ridgeline lot within the R-BA district, as defined in Section 17.02.695, shall be twenty-five (25) feet, except for (i) an existing legal non-conforming structure, (ii) a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure, or (iii) as approved by design review permit per Section 17.12.040(L).

6.

Off-Street Parking.

(a)

A minimum of one standard size, off-street parking space (uncovered or carport) for each primary dwelling unit shall be required (refer to Chapter 17.34 for parking space design standards). Garage parking space(s) shall not count towards meeting the minimum parking requirements.

(b)

Shared driveways may be permitted to serve more than one dwelling unit, subject to approval by the city engineer, based on finding that a shared driveway will not pose a hazard to public safety. See the definition of driveway in Section 17.02.220 of this title.

(c)

Notwithstanding the parking requirements indicated above, no off-street parking shall be required if:

(i)

The lot is located within one-half-mile walking distance of either a transit stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

(ii)

There is a designated parking area for one or more car-share facilities within one block of the lot.

(Ord. No. 693, § 7, 12-5-24)

The city may approve a parcel map for an urban lot split ministerially, subject to the procedures, requirements and development standards provided in this section.

A.

Ministerial Parcel Map Procedures. The parcel map shall be prepared following the tentative map form and procedures provided in Chapter 16.16, Tentative Map Procedures, and Chapter 16.20, Final Map Procedures, except that the parcel map shall be approved by the city engineer. The city engineer shall have authority to waive specific requirements provided in Chapter 16.16 and Chapter 16.20, if the city engineer deems the requirements inapplicable, given the site location or other characteristics.

B.

Ministerial Parcel Map Requirements. A parcel map for an urban lot split shall meet the requirements of Chapter[s] 16.16 and 16.20 of the Municipal Code, as deemed applicable by the city engineer, and all of the following requirements:

1.

The parcel map subdivides an existing lot of record to create no more than two (2) legal lots of record of approximately equal lot area provided that one lot shall not be smaller than forty (40) percent of the lot area of the original lot of record proposed for subdivision.

2.

Both newly created lots of record shall be no smaller than one thousand two hundred (1,200) square feet.

3.

The zoning district lot width and depth dimension minimums shall not apply.

4.

Flag lots may be approved. The flagpole portion, whether part of the flag lot or an easement on the flag lot, shall have a minimum width of twelve (12) feet to accommodate a driveway, unless a lesser width is approved by the city engineer. The location and dimensions of driveways are subject to approval by the city engineer as set forth in Section 12.24.015.

5.

Both parcels resulting from the urban lot split shall have access to, provide access to, or adjoin the public right-of-way through right-of-way frontage or recorded access easements.

6.

The approved parcel map shall include a notation that the parcels were created using the urban lot split provisions of this chapter and the resulting parcels cannot be further subdivided under this chapter.

7.

The urban lot split conforms to all applicable objective requirements of the Subdivision Map Act, except as otherwise expressly provided in this chapter.

8.

The parcel being subdivided was not established through prior exercise of an urban lot split as provided for in this chapter.

9.

Neither the property owner of the parcel being subdivided nor any person acting in concert with the property owner has previously subdivided an adjacent parcel using an urban lot split as provided for in this chapter.

C.

Development Standards for Urban Lot Splits. Development on lots that have been split under this chapter shall comply with the development standards provided in this section. Where not expressly stated, the R-1 and R-BA zoning district development standards, set forth in Chapters 17.06 and 17.12, and ADU and JADU development standards set forth in Chapter 17.43, shall apply.

1.

Number of Dwelling Units. With an urban lot split, development of no more than four (4) dwelling units may be built in the same lot area that would otherwise be used for a single-family residence, as shown in Tables a and b provided below. Note that Tables a and b are to be used together to detail possible development scenarios following an urban lot split. Table a provides various development scenarios that are possible on a single lot, following a lot split, as Types A through I. Table b shows how the scenario types may then be combined for the two (2) resultant lots. For example, if one resultant lot is developed with three (3) units (Types F, G, H or I), the second resultant lot may only be developed with a single family dwelling (Type A), for a maximum of four (4) units on the two (2) resultant lots.

a.

Number and Types of Units—With Urban Lot Split.

Notes:

1. Urban lot splits may utilize a combination of buildout types A - H, provided that all of the following conditions are met: a) the total number of units does not exceed four (4) across the two (2) lots, b) each of the two (2) lots is to be developed with at least one primary dwelling unit, and c) development of ADUs and JADUs shall comply with Chapter 17.43.

2. JADUs are not permitted as a part of building that contains two (2) or more units (i.e. duplex).

b.

Lot Split—Resulting Lot Buildout Scenarios. The following table shows the total units that may be achieved by applying the development scenario options from Table 17.05.080(C)(1)(a) to the two (2) resultant lots.

Note: NP: Not Permitted for the buildout scenario. Buildout scenario may not exceed four (4)units.

2.

Primary Dwelling Unit Size. Each of the primary dwelling units shall be permitted to be at least eight hundred (800) square feet in floor area, regardless of the zoning district's lot coverage and floor area ratio (FAR) limits. For primary dwelling units over eight hundred (800) square feet, the zoning district floor area standards shall apply; provided, however, this shall not preclude the option to construct smaller primary dwelling units in compliance with the state building code. The minimum floor area for each unit shall be as permitted by the state building code.

3.

Lot Coverage. The zoning district's lot coverage limit shall not apply where it would preclude development of new primary units of at least eight hundred (800) square feet, retention of the lot coverage of an existing primary unit or addition of accessory dwelling unit, in compliance with the provisions of this chapter and Chapter 17.43 of this title.

4.

Side and Rear Setbacks. Minimum side and rear setbacks for the primary dwelling units shall be four (4) feet, except for the following:

(a)

Where the underlying zoning district development standards allow for a lesser setback, the district standards shall prevail.

(b)

No setback shall be required for an existing legal non-conforming structure, or a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure.

5.

Height of Primary Units.

(a)

Where a primary dwelling unit utilizes the four-foot side or rear setback allowance, for a reduced setback versus the district's setback, no portion of the building that is located in the area between the four-foot setback and the district's setback minimum shall exceed twenty-five (25) feet in height.

(b)

The maximum height of any primary dwelling unit on a ridgeline lot within the R-BA district, as defined in Section 17.02.695, shall be twenty-five (25) feet, except for (i) an existing legal non-conforming structure, (ii) a replacement structure constructed in the same location and to the same dimensions as an existing legal non-conforming structure, or (iii) as approved by design permit per Section 17.12.040(L).

6.

Off-Street Parking.

(a)

A minimum of one standard size, off-street parking space (uncovered or carport) for each primary dwelling unit shall be required (refer to Chapter 17.34 for parking space design standards). Garage parking space(s) shall not count towards meeting the minimum parking requirements.

(b)

Shared driveways may be permitted to serve more than one lot, subject to approval by the city engineer, based on finding that the driveway will not pose a hazard to public safety. See the definition of driveway in Section 17.02.220 of this title.

(c)

Notwithstanding the parking requirements indicated above, no off-street parking shall be required if:

(i)

The lot is located within one-half-mile walking distance of either a transit stop located in a high-quality transit corridor, as defined in Public Resources Code Section 21155(b), or a major transit stop, as defined in Public Resources Code Section 21064.3; or

(ii)

There is a designated parking area for one or more car-share facilities within one block of the parcel.

7.

Deed Restriction. A property owner utilizing the provisions of this chapter shall record a deed restriction, in a form acceptable to the city, that does the following:

(a)

Where applicable, documents that the lot split complies with the provisions of this chapter and restrictions provided in Government Code Section 66411.7.

(b)

Expressly prohibits any rental of any dwelling unit on the property or properties for a term of thirty (30) days or less.

(Ord. No. 693, § 7, 12-5-24)

Demolition, alteration or construction of any building shall require building permit(s). All construction shall be in conformance with the most recent edition of the California Model Codes with any applicable Brisbane amendments.

(Ord. No. 693, § 7, 12-5-24)

Upon issuance of a building permit for a two-unit development under Section 17.05.070 or a building permit following an urban lot split under Section 17.05.080, the city shall provide an informational notice to the property owners adjacent to and directly across the street from the subject site(s). The notice shall provide a brief description of the project and information on how to view approved plans.

(Ord. No. 693, § 7, 12-5-24)

Condominiums may be established for primary dwelling units in accordance with Chapter 17.30, Condominiums. Establishment of condominiums shall be subject to ministerial approval by the community development director, based on conformance with the applicable provisions of this chapter and Chapter 17.30.

(Ord. No. 693, § 7, 12-5-24)

The city may deny a two-unit housing development or urban lot split, based upon a preponderance of the evidence, that the proposed housing development would have a specific, adverse impact, as defined in Section 17.05.030(J).

(Ord. No. 693, § 7, 12-5-24)