Millbrae, CA Zoning Ordinance

§ 10.05.1700 Purpose.

In order to implement the Millbrae Station Area Specific Plan ("MSASP"), the "Millbrae Station Area Planned Development" or "MSAPD" district is established. The general purpose of such district is to prescribe planning and design principles for area development in accordance with the Millbrae Station Area Specific Plan. In addition to furthering the general principles of the Millbrae zoning ordinance, the specific purposes of the MSAPD district include the following:

To create a framework for the area-wide development of common architectural and open space elements and a pedestrian and vehicular circulation system linking buildings and uses together in a flexible, logical and orderly manner.

To establish area-specific design guidelines and development standards to produce an attractive, coherent and efficient environment.

To establish area-wide development capacity consistent with the Millbrae General Plan.

To permit area development while ensuring adequate standards relating to public health, safety, welfare, comfort and convenience.

This article establishes the procedures for securing a conditional use permit or a site development plan for any project located in the Millbrae Station Area Planned Development district.

(Formerly 10.05.0490; 1976 Code § 10-1.5(1)01; Ord. 643 § 3; Ord. 726 § 2 (Att. A))

§ 10.05.1705 Millbrae Station Area Specific Plan.

The MSASP was initially adopted by the city council on November 24, 1998, and amended on February 9, 2016. All notations, references, and other information shown in the MSASP are incorporated by reference and shall be deemed as much a part of this title as if the matter and information set forth in the plan were fully described in this chapter.

(Formerly 10.05.0500; 1976 Code § 10-1.5(1)02; Ord. 643 § 3; Ord. 726 § 2 (Att. A); Ord. 758 § 2)

§ 10.05.1710 Uses and design review.

Site-specific uses consistent with the Millbrae Station Area Specific Plan shall be permitted as outlined in the MSASP. Conditional uses shall be permitted through the conditional use permit process as provided in Article XXV of this chapter. Any proposed use involving any new structure or exterior alterations to an existing structure shall be subject to design review as provided in Article XXV of this chapter.

(Formerly 10.05.0510; 1976 Code § 10-1.5(1)03; Ord. 643 § 3; Ord. 726 § 2 (Att. A))

§ 10.05.1715 Site development plan.

Site development plans shall be detailed refinements of the MSASP development concept and as such shall represent development consistent with the adopted Millbrae Station Area Specific Plan. Any proposed use in the MSAPD that involves the construction of a new structure or parking facility structure shall require the submittal and approval of a site development plan pursuant to this article. Site development plans shall, at a minimum, contain the following:

A site plan including boundary designations of the perimeter of the site;

The location and dimension of any existing property lines within the site;

The names of the owner or owners and developers of the site;

The width, location and names of surrounding or adjoining streets, street alignments within the site and their connection to existing streets;

The character and use of adjoining properties;

A comprehensive development plan showing the dimensions and locations of proposed structures, buildings, streets, parking, yards, open spaces and other public or private facilities. Such plan shall include a detailed statement of all uses proposed to be established, a narrative description of all improvements proposed to be installed, and a designation of the areas to be occupied by each use, with the resulting densities of persons and building intensities;

Detailed engineering site plans including proposed finished grades and drainage facilities proposed as approved by the city engineer, and permanent boundary survey monuments tied to the nearest city survey station;

Detailed engineering plans for the provisions of public utilities for the site including a description of the location and capacities of existing utilities in the vicinity of the site, tentative extensions to the site, and provisions for off-site connections and facilities necessary to serve the site. Such engineering plans shall include underground service of utilities within the areas of the plan;

The location of any structures upon the site designated for retention or removal;

10.

Landscaping, fencing, screening and signage plans in detail;

11.

The areas proposed for various categories of land use and a tabular summary of estimates of population densities and building intensities;

12.

Architectural drawings demonstrating the design and character of the proposed structures, buildings, uses and facilities and the physical relationship of all elements;

13.

A development schedule indicating the approximate date when commencement and completion of construction will occur and the anticipated progress of development under the proposed site development plan;

14.

Data and studies regarding the impact of the site development plan on the MSASP area as a whole, including traffic and other infrastructure analysis as required;

15.

Other pertinent information as may be deemed necessary by the planning commission or city council to determine that the contemplated arrangement and/or use(s) comply with the development standards and design guidelines of the Millbrae Station Area Specific Plan; and

16.

The data, analyses and information required to carry out the environmental review specified in subsection B of this section.

Prior to submission of the development plan to the planning commission, an environmental review of the plan shall be conducted to the extent required by and in full accordance with the California Environmental Quality Act.

The planning commission and city council may require such other information as deemed necessary which may include but not be limited to economic analyses, thoroughfare plans, public services, facilities plans and utilities service plans. All of the information and materials required for any site development plan as specified in subsections A and B of this section shall be provided at the applicant's own cost and expense.

(Formerly 10.05.0520; 1976 Code § 10-1.5(1)04; Ord. 643 § 3; Ord. 726 § 2 (Att. A))

§ 10.05.1720 Planning commission action on site development plans.

The planning commission shall consider the proposed site development plan, or any appropriate phase thereof, at a public hearing, notice of which shall be given in the time and manner provided in Article XXIX of this chapter, modifying the notice form to read as follows: "NOTICE OF PUBLIC HEARING ON A SITE DEVELOPMENT PLAN WITHIN THE MILLBRAE STATION AREA PLANNED DEVELOPMENT DISTRICT." In addition, such notice shall contain a statement of the modification proposed to be considered of any regulations and requirements ordinarily applicable to the uses under the terms of this chapter, a general statement of the nature of the site development plan and the location of the area included within the site development plan.

The planning commission shall consider the site development plan, accompanying documents and any other information deemed relevant to ensure that the architectural, landscaping and general appearance of the proposed building(s) or structure(s) and grounds shall be in keeping with the character of the neighborhood; shall not be detrimental to the orderly, harmonious and safe development of the city; shall not impair the desirability of investment or occupation in the neighborhood in which the building(s) or structure(s) is proposed to be erected; and are in compliance with the development standards and design guidelines contained in the Millbrae Station Area Specific Plan.

Following the close of the public hearing, the planning commission may approve, conditionally approve, or deny approval of the site development plan. In granting any approval, the planning commission shall make the following findings:

That the proposed development conforms to the overall intent of the Millbrae Station Area Specific Plan, and will produce an environment of stable, desirable character and produce high-quality development with uses that contribute to the visual identity and environmental quality of the station area; and

That the proposed development complies with goals, policies, objectives, development standards and design guidelines of the MSASP, and provides overall standards of population densities, of open space, of circulation and off-street parking and other general conditions of use at least equivalent to those required by the MSASP or by the terms of this chapter in districts where similar uses are permitted; and

That the proposed site development plan represents a development of sufficient harmony within itself and with adjacent areas; and

That fire protection is adequate; and

That drainage is adequate; and

That capacity of utilities and infrastructure, including size and location of streets and sidewalks, are adequate or will be installed/improved to an adequate level prior to the granting of a certificate of occupancy; and

That recreation is adequately provided for in the area (or adequate in-lieu fees are paid).

If a site development plan is approved by the planning commission, the approval shall be effective for a period of one year from the date of final approval thereof or within any shorter or longer period of time not to exceed three years, if so designated by the planning commission. The planning commission shall have the authority to extend the period of any approval provided that a written request for such extension is submitted prior to the date of expiration of the original approval and a notice of hearing has been given in the time and manner provided in Article XXIX of this chapter. Any approvals granted in accordance with the terms of this chapter shall, without further action, become null and void if not used or extended according to these provisions.

(Formerly 10.05.0530; 1976 Code § 10-1.5(1)05; Ord. 643 § 3; Ord. 726 § 2 (Att. A))

§ 10.05.1725 Appeal, appeal period and acknowledgment of conditions.

If a site development plan, or extension thereof, is approved, approved with conditions, or disapproved by the planning commission, the applicant or any protestant may appeal the decision of the planning commission to the city council in the manner provided in Article XXVII of this chapter. Notwithstanding the failure of any person to appeal the decision of the planning commission and within ten days of the date of the action of the planning commission, the city council, or any member thereof, may request a review of the action of the planning commission. Said request for review shall be submitted in writing to the city clerk. City council review shall proceed in the manner provided in Article XXVII of this chapter. The action of the planning commission shall be suspended pending a final determination by the city council. In any case, permits shall not be issued until the required ten-day period has elapsed without the filing of an appeal or a final decision has been made by the city council. Approvals shall have no force or effect until the applicant acknowledges receipt thereof and acceptance of any conditions thereto.

(Formerly 10.05.0540; 1976 Code § 10-1.5(1)06; Ord. 643 § 3; Ord. 726 § 2 (Att. A))

§ 10.05.1730 Modification of site development plans.

The permittee under any approved site development plan may request modification of such plan by applying to the community development department. Minor adjustments to the original development plan may be made by the director of community development or designee, provided said adjustments are technical corrections which do not have a significant impact on the aesthetics of the project, nor conflict with the intent of the development plans originally adopted by the planning commission. Major adjustments shall be reviewed and approved by the planning commission in the same manner and following the same procedure as set forth in MMC § 10.05.1720. Although approval of any modification by the city council is not required, the decision of the planning commission granting or denying the modification shall be subject to review by the city council under the same procedures provided for in Article XXVII of this chapter.

In considering any modification, the director of community development or designee, the planning commission, and/or the city council shall consider the following:

Changed conditions which have occurred since the original approval of the site development plan; and

Changes in the basic premises used in arriving at the original approval, including but not limited to engineering data, traffic data, economic circumstances, and actions of other public bodies including eminent domain proceedings.

(Formerly 10.05.0550; 1976 Code § 10-1.5(1)07; Ord. 643 § 3; Ord. 726 § 2 (Att. A))

§ 10.05.1735 Subdivision.

Where from the nature of the size, location, shape or topography of the parcel of land, or where from the nature of the improvements or development shown on the development plan or any combination of these factors, it appears to the planning commission or the city council that a future division of ownership or subdivision of said parcel would be required for orderly development by the delineation of subdivided lot lines at the time of initial development, the planning commission or the city council may require the filing of parcel, tentative and/or final subdivision maps, as provided in the subdivision regulations of this chapter and state law, and the performing of any other acts required in such regulations. Where any requirement of the subdivision regulations require any specific act of the landowner or subdivider, the approval of any site development plan shall not become effective until compliance has been made with such subdivision regulation.

(Formerly 10.05.0560; 1976 Code § 10-1.5(1)08; Ord. 643 § 3; Ord. 726 § 2 (Att. A))

§ 10.05.1740 Effect.

No building or zoning permit shall be issued in any case until the approval of a site development plan has become effective, and then only in accordance with the conditions thereof.

(Formerly 10.05.0570; 1976 Code § 10-1.5(1)09; Ord. 643 § 3; Ord. 726 § 2 (Att. A))

§ 10.05.1745 Special fees.

The city council may set a fee schedule to be paid, in addition to any other fee which may be required, to cover the portion of the cost burden of required infrastructure in connection with the issuance of a permit for any building or structure. Lands within the MSAPD district which are retained in large parcels as acreage or otherwise not divided shall be subject to those special fees or charges in accordance with the requirements of resolutions, regulations or ordinances of the city.

(Formerly 10.05.0580; 1976 Code § 10-1.5(1)10; Ord. 643 § 3; Ord. 726 § 2 (Att. A))

§ 10.05.1750 Revocation.

In any case where the terms of approval of a site development plan or the approved development schedule contained therein have not been or are not complied with, the planning commission shall give to the permittee written notice of intention to consider revocation of the approval of a site development plan at least ten days in advance of a planning commission hearing thereon with public notice of such hearing given in the same time and manner as provided in Article XXIX of this chapter. After conclusion of said hearing, the planning commission may recommend that the city council revoke said approval. The city council shall act thereon within thirty days after receipt of said recommendation of the planning commission.

(Formerly 10.05.0590; 1976 Code § 10-1.5(1)11; Ord. 643 § 3; Ord. 726 § 2 (Att. A))

§ 10.05.1755 Improvements and dedications.

In the event that a subdivision map is not required for approval of any site development plan, such approval shall not become effective until conveyances for any required public easements, streets, rights-of-way, or other public areas have been filed with the city clerk and accepted by the city council.

Where any land is to be conveyed for public use, a title report issued by a title insurance company in the name of the owner of the land, issued to or for the benefit and protection of the city, showing all parties whose consent is necessary and the nature of their interests therein, shall be filed with the conveyances of said land.

Where public improvements are to be constructed or where improvements are to be made upon lands to be conveyed to the city, the property owner shall execute and file an agreement between himself and the city providing for the installation of such improvements at the landowner's cost and expense, and in accordance with the approved development schedule contained in the site development plan. The agreement shall be accompanied by labor, material, and performance bonds. Such improvement agreement and bonds provided for in this chapter shall be considered in a like manner as are requirements upon improvement agreements and bonds under regulations for subdivisions in the city. Such improvement agreement and bonds shall be deemed to include and cover the installation of landscaping and planting as required by any approved plan thereof whether such landscaping and planting shall be upon public or private lands.

(Formerly 10.05.0600; 1976 Code § 10-1.5(1)12; Amended by Ord. 726 § 2 (Att. A); Ord. 643 § 3)

§ 10.05.1760 Control of development schedule.

The director of community development or designee shall compare the actual development accomplished under a site development plan with the approved development schedule and shall report findings to the planning commission if the owners or permittees are failing or have failed to meet the approved schedule. The planning commission may, by adoption of a resolution of intention, initiate proceedings to change conditions of approval or requirements related to the development schedule pursuant to the process for approving the plan as set forth in this article.

(Formerly 10.05.0610; 1976 Code § 10-1.5(1)13; Amended by Ord. 726 § 2 (Att. A); Ord. 643 § 3)

§ 10.05.1770 Airport land use compatibility plan consistency.

All projects 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").

(Ord. 800 § 15)

Millbrae City Zoning Code

ARTICLE XVII