Millbrae, CA Zoning Ordinance

Millbrae City Zoning Code

ARTICLE IV

District Regulations

§ 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:

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

(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.

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.

Procedure. Exceptions to existing development standards may be granted by the city manager (or designee), upon making all of the findings outlined below:

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.

No public notice or hearing is required.

Exceptions shall be granted subject to the following restrictions:

The improvements may be made to any existing main residence or accessory living quarters.

Exceptions are not permitted for a proposed new residence.

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.

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

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.

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:

The proposed improvements are necessary to provide for housing access for disabled persons.

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.

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 State density bonus law.

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 low income housing units in developments proposed within the city.

Applicability.

This chapter 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. This chapter and state density bonus law shall apply only to the residential component of a mixed-use project and shall not operate to increase the allowable density of the nonresidential component of any proposed project.

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.

Procedure.

Application Requirements.

Any applicant requesting a density bonus, incentive(s) and/or waiver(s) pursuant to state density bonus law shall provide the city with a written proposal. The proposal 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 proposal for a density bonus, incentive(s) and/or waiver(s) pursuant to state density bonus law shall include the following information:

The specific requested density bonus proposal shall demonstrate that the project meets the thresholds for the state density bonus law. The proposal shall also include calculations showing the maximum base density, the number/percentage of affordable units and identification of the income level at which such units will be restricted, additional market rate units resulting from the density bonus allowable under state density bonus law and the resulting unit per acre density. The density bonus units shall not be included in determining the percentage of base units that qualify a project for a density bonus pursuant to state density bonus law.

ii.

Requested Incentive(s). The request for particular incentive(s) shall include a pro forma or other report demonstrating that the requested incentive(s) results in identifiable, financially sufficient and actual cost reductions that are necessary to make the housing units economically feasible. The report shall be sufficiently detailed to allow the city to verify its conclusions. If the city requires the services of specialized financial consultants to review and corroborate the analysis, the applicant will be liable for all costs incurred in reviewing the documentation.

iii.

Requested Waiver(s). The written proposal shall include an explanation of the waiver(s) of development standards requested and why they are necessary to make the construction of the project physically possible. Any requested waiver(s) shall not exceed the limitations provided by subsection (C)(5) of this section and to the extent such limitations are exceeded will be considered as a request for an incentive.

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 state density bonus law application submitted pursuant to this chapter.

Density Bonus.

A density bonus for a housing development means a density increase over the otherwise maximum allowable residential density under the applicable zoning and land use designation on the date the application is deemed complete. The amount of the allowable density bonus shall be calculated as provided in state density bonus law. The applicant may select from only one of the income categories identified in the state density bonus law and may not combine density bonuses from different income categories to achieve a larger density bonus.

In the sole discretion of the city council, the city council may approve a density bonus and/or incentive(s) in accordance with state density bonus law for a project that does not maximize the underlying base zoning density. Additionally, nothing herein prevents the city from granting a greater density bonus and additional incentives or waivers than that provided for herein, or from providing a lesser density bonus and fewer incentives and waivers than that provided for herein, when the housing development does not meet the minimum thresholds.

The density bonus provided pursuant to state density bonus law is not additive with and shall not be combined with the density bonus provided pursuant to any other provisions of this chapter.

Incentives.

The number of incentives granted shall be based upon the number the applicant is entitled to pursuant to state density bonus law.

An incentive includes a reduction in site development standards or a modification of zoning code requirements or architectural requirements that result in identifiable, financially sufficient and actual cost reductions. An incentive 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 may, but need not be, the provision of a direct financial incentive, such as the waiver of fees.

A requested incentive may be denied only for those reasons provided in state density bonus law. Denial of an incentive 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 at the increased density would be physically possible. Modifications to floor area ratio in an amount equivalent to the percentage density bonus utilized shall be allowable as a waiver. Requests for an increase in floor area ratio above that equivalent percentage shall be considered a request for an incentive. Other development standards include, but are not limited to, 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. To be entitled to the requested waiver, the applicant must show that without the waiver, the project would be physically impossible to construct. There is no limit on the number of waivers.

Local Preference for Type of Incentives and Concessions. The allocation of incentives or a density bonus shall be determined on a case-by-case basis by the approval body in approving the affordable housing plan or equivalent in consideration of the following preferred measures:

A waiver and/or modification to the floor area ratio (FAR) or height requirements are the city's preferred alternatives.

A reduction in parking standards beyond that set forth in Government Code Section 65915(p) will be considered on a case-by-case basis. The request shall be accompanied by evidence demonstrating that the city's parking standards physically preclude the utilization of a density bonus or that the project needs for parking can be met due to other factors.

A reduction in on-site open space requirements is discouraged unless nearby off-site open space and/or enhancements thereto can be demonstrated to the city's satisfaction to meet project needs.

A waiver of or reduction in application fees is not preferred but will be considered on a case-by-case basis.

Affordable Housing Agreement. Prior to project approval, the applicant shall enter into an affordable housing agreement or equivalent with the city, to be executed by the approving body guaranteeing the affordability of the rental or ownership units for a minimum of fifty-five years and identifying the type, size and location of each affordable unit and a marketing plan for finding qualified tenants and owners. Such affordable housing agreement shall be recorded in the San Mateo County recorder's office.

Design and Quality.

Affordable units must be constructed concurrently with market rate units and shall be integrated into the project. Affordable units shall be of equal design and quality as the market rate units. Exteriors, including architecture and elevations, and floor plans of the affordable units shall be similar to 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. The number of bedrooms in the affordable units shall be consistent with the mix of market rate units.

Parking standards shall be modified as allowable under state density bonus law and anything beyond those standards shall be considered a request for an incentive.

Findings.

Findings for Approval of State Mandated Density Bonus, Concessions, and Incentives. Before approving an application that includes a request for a density bonus, incentive, concession, waiver, the decision-making body shall make the following findings, as applicable:

The residential development is eligible for a density bonus and any concessions, incentives, waivers, or parking reductions requested.

Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required.

If the density bonus is based all or in part on donation of land, the findings included in Government Code Section 65915(g).

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 Section 65915(h).

If the incentive or concession includes mixed-use development, the findings included in Government Code Section 65915(k)(2).

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.

Findings for Denial of Incentives, Concessions or Waivers.

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 either of the following:

The concession or incentive is not required to provide for affordable rents or affordable ownership costs.

ii.

The concession or incentive would have a specific adverse impact upon public health or safety or the physical environment or on any real property that is listed in the California Register of Historical Resources, 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. 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.

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:

The waiver would have a specific adverse impact upon health, safety, or the physical environment, 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. 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.

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

(Ord. 752 § 2)

Millbrae City Zoning Code

ARTICLE IV

District Regulations

§ 10.05.0400 Compliance with regulations.

(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:

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

(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.

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.

Procedure. Exceptions to existing development standards may be granted by the city manager (or designee), upon making all of the findings outlined below:

No public notice or hearing is required.

Exceptions shall be granted subject to the following restrictions:

The improvements may be made to any existing main residence or accessory living quarters.

Exceptions are not permitted for a proposed new residence.

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

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.

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:

The proposed improvements are necessary to provide for housing access for disabled persons.

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.

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 State density bonus law.

Applicability.

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.

Procedure.

Application Requirements.

The proposal for a density bonus, incentive(s) and/or waiver(s) pursuant to state density bonus law shall include the following information:

ii.

iii.

iv.

Density Bonus.

The density bonus provided pursuant to state density bonus law is not additive with and shall not be combined with the density bonus provided pursuant to any other provisions of this chapter.

Incentives.

The number of incentives granted shall be based upon the number the applicant is entitled to pursuant to state density bonus law.

A waiver and/or modification to the floor area ratio (FAR) or height requirements are the city's preferred alternatives.

A reduction in on-site open space requirements is discouraged unless nearby off-site open space and/or enhancements thereto can be demonstrated to the city's satisfaction to meet project needs.

A waiver of or reduction in application fees is not preferred but will be considered on a case-by-case basis.

Design and Quality.

Parking standards shall be modified as allowable under state density bonus law and anything beyond those standards shall be considered a request for an incentive.

Findings.

The residential development is eligible for a density bonus and any concessions, incentives, waivers, or parking reductions requested.

Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required.

If the density bonus is based all or in part on donation of land, the findings included in Government Code Section 65915(g).

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 Section 65915(h).

If the incentive or concession includes mixed-use development, the findings included in Government Code Section 65915(k)(2).

Findings for Denial of Incentives, Concessions or Waivers.

The concession or incentive is not required to provide for affordable rents or affordable ownership costs.

ii.

iii.

The concession or incentive would be contrary to state or federal law.

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.

(Ord. 752 § 2)

Millbrae City Zoning Code

ARTICLE IV

District Regulations

§ 10.05.0400 Compliance with regulations.

(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:

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

(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.

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.

Procedure. Exceptions to existing development standards may be granted by the city manager (or designee), upon making all of the findings outlined below:

No public notice or hearing is required.

Exceptions shall be granted subject to the following restrictions:

The improvements may be made to any existing main residence or accessory living quarters.

Exceptions are not permitted for a proposed new residence.

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

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.

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:

The proposed improvements are necessary to provide for housing access for disabled persons.

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.

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 State density bonus law.

Applicability.

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.

Procedure.

Application Requirements.

The proposal for a density bonus, incentive(s) and/or waiver(s) pursuant to state density bonus law shall include the following information:

ii.

iii.

iv.

Density Bonus.

The density bonus provided pursuant to state density bonus law is not additive with and shall not be combined with the density bonus provided pursuant to any other provisions of this chapter.

Incentives.

The number of incentives granted shall be based upon the number the applicant is entitled to pursuant to state density bonus law.

A waiver and/or modification to the floor area ratio (FAR) or height requirements are the city's preferred alternatives.

A reduction in on-site open space requirements is discouraged unless nearby off-site open space and/or enhancements thereto can be demonstrated to the city's satisfaction to meet project needs.

A waiver of or reduction in application fees is not preferred but will be considered on a case-by-case basis.

Design and Quality.

Parking standards shall be modified as allowable under state density bonus law and anything beyond those standards shall be considered a request for an incentive.

Findings.

The residential development is eligible for a density bonus and any concessions, incentives, waivers, or parking reductions requested.

Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required.

If the density bonus is based all or in part on donation of land, the findings included in Government Code Section 65915(g).

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 Section 65915(h).

If the incentive or concession includes mixed-use development, the findings included in Government Code Section 65915(k)(2).

Findings for Denial of Incentives, Concessions or Waivers.

The concession or incentive is not required to provide for affordable rents or affordable ownership costs.

ii.

iii.

The concession or incentive would be contrary to state or federal law.

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.

(Ord. 752 § 2)