San Bruno City Zoning Code
CHAPTER 12
245 MULTIFAMILY HOUSING MINISTERIAL REVIEW
§ 12.245.010 Purpose.
The purpose of this chapter is to establish a streamlined review process for qualifying multifamily housing projects to facilitate housing development to meet local and regional housing needs, consistent with Government Code Section 65583.2(h) and (i). This chapter furthers the production of housing in the city by establishing a ministerial planning permit process for qualifying multifamily housing projects. This chapter allows and encourages mixed-use components of multifamily housing projects, by allowing mixed-use to be included in a qualifying multifamily housing project while maintaining the ministerial process. This allowance supports the provision of jobs, activities and services in close proximity to new housing.
(Ord. 1956, 9/10/2024)
§ 12.245.020 Applicability; mixed-use incentive.
A.
A multifamily residential development that complies with all of the following criteria shall qualify for a ministerial planning permit process and shall be considered a "qualifying multifamily housing project" for the purpose of this chapter:
1.
The project site is located in a zoning district that allows multifamily housing; and
2.
The project complies with all city objective development regulations, except for any objective development standard that is rendered inapplicable pursuant to state law, including State Density Bonus law; and
3.
The project includes a minimum of twenty percent of the units in the project as affordable and restricted to occupancy by very low income households, low-income households, or a combination thereof.
B.
A mixed-use development that complies with all of the following criteria shall qualify for a ministerial planning permit process and shall be considered a "qualifying multifamily housing project" for the purpose of this chapter:
1.
The project site is located in a zoning district that allows mixed-use development; and
2.
The project complies with all city objective development regulations, except for any objective development standard that is rendered inapplicable pursuant to state law, including State Density Bonus law; and
3.
The project includes a minimum of twenty percent of the residential units in the project as affordable and restricted to occupancy by very low income households, low-income households, or a combination thereof; and
4.
A minimum of fifty percent of the total floor area of the project is used for residential uses. For the fifty percent total floor area calculation, total residential floor area shall include lobbies, indoor and outdoor common areas, hallways, utility rooms, and other similar above-ground level areas that are used solely to support the residential component of the project, as determined by the community development director. Above-grade parking area within the building shall be counted as nonresidential floor area.
C.
As an incentive, a mixed-use project that is also a "qualifying multifamily housing project" and is utilizing the ministerial process shall be required to pay the nonresidential transportation impact fee only for nonresidential floor area over 10,000 square feet. Further, the community development director is authorized to adjust the residential transportation impact fee based on a trip-generation analysis by a licensed transportation planner or traffic engineer demonstrating the proportionate reduction in residential trip generation due to the presence of the nonresidential use(s).
(Ord. 1956, 9/10/2024)
§ 12.245.030 Ministerial planning permit process.
A.
Submittal Requirements. Qualifying multifamily housing projects under this chapter shall require submittal of the same planning applications as a non-qualifying multifamily housing project based on the zoning district in which the project is located, the applicable regulations of the San Bruno Zoning Ordinance and published application requirements by the community development department. The city council will establish a fee for ministerial versions of these applications.
B.
Application Processing. The processing of the ministerial applications shall follow the city's interdepartmental review process that is used for discretionary planning applications, including the application of conditions of approval, except that such conditions shall be based on objective standards only, there shall be no public noticing or public hearing requirements, and the community development director shall have the authority to render decisions on all qualifying multifamily housing project permit applications.
1.
The community development director is authorized to render a decision on the following permits and approvals, if part of a qualifying multifamily housing project, as part of the ministerial approval process: architectural review permit, parking compliance permit, density bonus approval, lot line adjustment, temporary use permit, sign program or sign deviation, and other minor planning permits required by Title 12, Article III, that may be required for a qualifying multifamily housing project.
2.
The community development director is not authorized to render a ministerial decision on a variance application, and projects that required a variance shall not be considered a "qualifying multifamily housing project" eligible for the ministerial planning permit process.
3.
A proposed parcel or tract map associated with a qualifying multifamily housing project shall be processed pursuant to Chapter 12.32 or 12.36, as applicable, under a separate fee. The community development director is authorized to conditionally approve other permits for a qualifying multifamily housing project that includes a subdivision map, which approvals shall only become effective upon approval of the related subdivision map. Alternately, the applicant can elect to defer the director's action on the related qualifying multifamily housing project permits and approvals until after the tentative subdivision map is approved.
4.
Nonresidential use(s) in a mixed-use project that require a conditional use permit shall be subject to the permit processed pursuant to Chapter 12.112 under a separate fee. The conditional use permit process shall apply only to the proposed conditional use or uses, and not the balance of the qualifying multifamily housing project, however, any such conditional use permit shall not become effective unless and until the qualifying multifamily housing project is approved through the ministerial process.
(Ord. 1956, 9/10/2024)
§ 12.245.040 Action.
The community development director shall approve the application or applications for a qualifying multifamily housing project upon finding that the project complies with this chapter, and the City's objective development regulations, except where state law may override local regulations rendering an objective standard inapplicable. Conditions of approval may be placed on these applications. Except as otherwise stated in this chapter, all projects shall be subject to all applicable application fees, impact fees, and connection charges.
(Ord. 1956, 9/10/2024)
§ 12.245.050 Appeal.
Decisions of the community development director on any permit or approval for a qualifying multifamily housing project may be appealed to the city manager within a ten calendar day period following issuance of the approval. Appeals must be in writing and clearly state the facts of the case and the ground for the appeal, which should be focused solely on whether or not the project constitutes a qualifying multifamily housing project, and whether the project complies with the objective standards applicable to the project. If the appeal is filed by any party other than the applicant for the project, the applicant shall be provided notice of the filing of the appeal, and shall be provided a ten calendar day period in which to provide a written response to the appeal for consideration by the city manager. The city manager shall issue a written determination on the appeal within forty-five calendar days of the city's receipt of the appeal, and this written determination shall be final and not subject to any further appeal. Notice of the city manager's decision shall be given to the appellant, and project applicant, if different from the appellant.
(Ord. 1956, 9/10/2024)
