LAND USE REGULATIONS

The regulations and standards in this section ensure that future development is compatible with the existing scale and character of adjacent development and are contributing to overall placemaking. While the development standards regulate the form and intensity of future development, there is flexibility in the corresponding land uses to provide the ability to respond to changing market demands.

Land Use Designations

The following land use designations allow for a wide variety of uses to create mixed use districts within the Plan Area. They describe the appropriate mix of uses to achieve the intended character in each district. The Land Use designations along with development standards will be the primary tool for regulating the form and character of future development. The Specific Plan proposes five land use designations.

DOWNTOWN MIXED USE (DMU)

Purpose

The purpose of the Downtown Mixed-use designation is to maintain the existing economic base of the downtown while enhancing vibrancy of the downtown district by encouraging diversity of businesses and longer hours of activity.

Key characteristics of the Downtown Mixed-use designation are described below:

• Active ground floor uses, predominantly retail as well as non-retail uses such as banks, fitness uses, eating and drinking establishments, personal service uses, gallery space, entertainment or community gathering space may be allowed.

• Vertical mixed-use development with residential and office uses on upper floors to encourage increased customer base for the restaurant and retail businesses as well as after-hours activity that residential uses bring.

• Building Heights: Maximum building heights allowed range from 55’ on parcels fronting Broadway Avenue; and maximum of 85’ on parcels fronting El Camino Real.

• Minimum ground floor height of 14’ from finished floor to finished ceiling.

CORRIDOR MIXED USE (CMU) Purpose

The purpose of this designation is to create opportunity for higher intensity development along El Camino Real corridor on parcels of varying sizes. The Corridor mixed use will take advantage of proximity to the intermodal stations and multi-modal complete street that El Camino Real is envisioned to be by allowing a mix of uses along the corridor.

Key characteristics of the Corridor

Mixed-use designation are described below:

• Vertical mixed-use development will include residential, office, hotel, meeting rooms, small convention facility, lifestyle stores, specialty large format retail, entertainment, and cultural facility.

• Commercial preference area indicates parcels where commercial use is required either (1) if currently developed with commercial space to retain the same square footage of commercial space if redeveloped or (2) if vacant or occupied by non-commercial uses, the majority of the square footage in the new development project must be commercial. This serves to take advantage of the larger parcel sizes and to complement uses in the downtown. Hotels are strongly encouraged, with the tallest heights of 125’ on these sites.

• All new development in the Commercial Preference Area shall comply with the following requirements: (1) if currently developed with commercial space to retain the same square footage of commercial space if redeveloped or (2) if vacant or occupied by non-commercial uses, the majority of the square footage in the new

FIG 5.1: LAND USE DESIGNATIONS

Downtown Mixed Use

Corridor Mixed Use

Neighborhood

Commercial Mixed Use

Residential Focused Mixed Use

Residential*

Commercial Preference Area

* General Plan Land Use Designations apply

4 5

Millbrae City Limits

Downtown and El Camino Real Specific Plan Boundary

Runway Protection Zone-Object Free Area

SFO Safety Compatibility Zones 1 Inner Approach/Departure Zone 2

Inner Turning Zone 3

Outer Approach/Departure Zone

Sideline Zones development project must be commercial.

• Ground floor should have uses such as restaurants, cafes, retail, small offices, maker spaces, grocery stores, entrance lobbies, galleries, fitness centers, and community centers that contribute to a lively street environment.

• Building Heights: Maximum building heights allowed range from 65’ fronting Broadway Avenue and the railroad; 85’ fronting El Camino Real and 125’ on larger parcels such as 900 to 1100 El Camino Real.

• Minimum ground floor height of 14’ from finished floor to finished ceiling.

RESIDENTIAL FOCUSED MIXED USE (RFMU)

Purpose

The Residential Focused Mixed-use designation focuses on medium to high-density multi-family residential use to allow a variety of multi-family residential typology such as town homes, stacked flats, senior housing, live-work units, co-living, etc. with high quality shared amenities. This designation allows commercial uses on the ground floor to create opportunity for neighborhood scale and local businesses, and to provide space for community-serving uses.

Key characteristics of the Residential Mixed-use designation are described below:

• Vertical mixed-use development is encouraged with residential on upper floors while allowing for nonresidential uses on the ground floor.

• Ground floor may include uses such as cafes, neighborhood serving retail, community gathering space, galleries, professional offices, co-working spaces, small meeting rooms, community kitchens, maker spaces, serviceoriented businesses, and residential stoops that contribute to a lively street environment.

• Building Heights: Maximum building heights allowed, range from 55’ on parcels adjacent to existing single-family neighborhoods to 85’ along El Camino Real.

• Minimum ground floor height of 15’ from finished floor to finished ceiling for non-residential uses.

NEIGHBORHOOD COMMERCIAL MIXED USE (NCMU) Purpose

The Neighborhood Commercial Mixed-use designation intends to strengthen the neighborhood-serving function of the Neighborhood Anchor district by concentrating small offices for service-oriented businesses, retail, restaurants, live-work units and some residential use on the upper floors.

Key characteristics of the Neighborhood Commercial Mixed-use designation are described below:

• Vertical mixed-use development with small offices, live-work units, or residential use on upper floors

• Ground floor may include uses such as cafes, neighborhood serving retail, community gathering space, galleries, co-working spaces, maker spaces, serviceoriented businesses, commercial kitchens.

• Building Heights: Maximum building height allowed is 55’

• Minimum ground floor height of 15’ from finished floor to finished ceiling;

RESIDENTIAL Purpose

The Residential designation includes parcels that will remain unchanged as there is less potential for redevelopment and the preservation of existing scale and character is preferred due to adjacent context. This designation complies with the Residential designation of General Plan 2040.

Development Program

The Specific Plan Development Program is an estimate of development that would occur in the Plan Area over a 20-year planning period. It is the basis for the Plan’s environmental analysis and infrastructure capacity analysis. Since there are many factors that will influence the implementation of the Plan, it is challenging to project the exact amount of development that will occur during the planning period. Therefore, the Specific Plan Development Program does not assume one hundred percent buildout at the increased capacity allowed for by The Plan. Instead, it assumes percent likelihood of redevelopment

TABLE 5.1 CONCEPTUAL DEVELOPMENT PROGRAM

of parcels. Factors that will influence redevelopment of parcels include:

• Physical condition of existing buildings on parcels;

• Parcel Ownership - contiguous parcels under the same ownership are considered to have a higher likelihood of redevelopment. While smaller parcels under multiple ownership that requires parcel assembly are considered to have a lower likelihood of redevelopment;

• The physical size and configuration of developable parcels influencing feasibility of a project;

• Response to adjacent land use/ development context;

• Projected market demand, for various land uses including residential, retail, commercial, offices, restaurants, etc.

Table 5.1 does not represent a development cap restricting buildout beyond these assumptions, but rather the amount of likely development studied for the purpose of environmental analysis and infrastructure demand projections. If this program is exceeded for any specific land use during Plan build-out, additional environmental and/or infrastructure analysis may be required.

Permitted Uses

Table 5.2 indicates the land uses that are permitted, conditionally permitted, and prohibited within each land use designation. All permitted and conditionally permitted land uses shall be compatible with the policies of the SFO ALUCP, as detailed in Appendix D. If a specific land use or activity is not defined in Table 5.2, the Community Development Director shall assign the land use or activity to a use type that is substantially similar in character. Use types not listed in the table or not substantially similar to the uses below are prohibited unless the Community Development Director makes a written determination that an unlisted proposed use is substantially equivalent to a permitted or conditionally listed use and is permitted if all of the following findings can be made:

1. The use is no greater in density or intensity than other permitted uses in the applicable zoning district;

2. The use is compatible with permitted or conditionally permitted uses in the applicable zoning district;

3. The use will be consistent with the purpose and intent of the applicable zoning district and Specific Plan;

4. The use is consistent with applicable goals and policies of the General Plan and Specific Plan; and

5. The use will not be detrimental to the public health, safety, or welfare.

When the Community Development Director determines that a proposed use is equivalent to a permitted or conditionally permitted listed use, the proposed use shall be treated in the same manner as the listed use with respect to development standards., permits required (including the need for conditional use permit or any other planning entitlement), and all applicable requirements of the Zoning Code.

• Permitted by right (P)

• Conditional Use Permit Required (C)

• Not Allowed (-)

• Permitted when part of a Mixeduse Structure (*)

Existing Legal Nonconforming Uses. Where a use is classified as a “conditional use” under this chapter and exists as a permitted use at the date of the adoption of this chapter, it shall be considered a legal use, without further action of the Planning Commission or City Council.

Land Use Designations

RFMU: Residential Focused Mixed Use

NCMU: Neighborhood Commercial Mixed Use

DMU: Downtown Mixed Use

CMU: Commercial Mixed Use

TABLE 5.2 PERMITTED, CONDITIONALLY PERMITTED, NON-PERMITTED AND ACTIVE LAND USES

P : Permitted by right

C : Conditional Use Permit Required

- : Not Allowed

* : Permitted when part of a Mixed-use Structure

1a

Theaters, meeting halls, conference centers, and other places of assembly seating more than 300 people are prohibited in SFO Safety Compatibility Zone 2.

1b Large child day care centers, which are commercial facilities defined in accordance with Health and Safety Code, Section 1596.70, et seq., and licensed to serve 15 or more children, including noncommercial employer-sponsored centers, are prohibited in SFO Safety Compatibility Zones 2. Large child day care centers are prohibited in SFO Safety Compatibility Zones 3.

1c Light Industrial facilities in Safety Compatibility Zone 2 of ALUCP shall not include hazardous uses as defined by the SFO ALUCP, Policy SP-3 on pages IV-33 and IV-34.

1d Utility services in Safety Compatibility Zones 2, or 3 of ALUCP shall not include critical public utilities that, if disabled by an aircraft accident, could lead to public safety or health emergencies. These critical public utilities include electrical power generation plants, electrical substations, wastewater treatment plants, and public water treatment facilities.

2 Public Electric Vehicle Charging Stations are not permitted as a primary use, but projects may integrate them with a public parking.

General Notes:

• Any use that requires a Conditional Use Permit (C) shall require Planning Commission approval, subject to appeal to the City Council.

• Any use that requires an Administrative Permit (C) shall require Community Development Director approval, subject to appeal to the Planning Commission.

• An asterisk (*) indicates that the use is allowed only when it is part of a mixed-use building.

• A double asterisk (**) indicates that the use is allowed only when it is on the ground floor of a mixed-use building

• A triple asterisk (***) indicates the use is only permitted within 1000 feet from another establishment of the same use listed.

• Projects within SFO Safety Compatibility Zones 2, and 3 must comply with the ALUCP policies and criteria as described in Policy SP-2, Safety Compatibility Land Use Criteria; Table IV-2, Safety Compatibility Criteria; and Policy SP-3, Hazardous Uses (see pages IV-27 through IV-34 of the SFO ALUCP, November 2012, or the latest adopted ALUCP).

• All permitted and conditionally permitted land uses shall be compatible with the policies of the SFO ALUCP, as detailed in Appendix D.